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STATE PAPERS AND CORRESPONDENCE 



BEARING UPON THE 



ITORY OF L 



WASHINGTON: 

GOVERNMENT PRINTING OFFICE. 
1903. 



£1333 



HOUSE CONCURRENT RESOLUTION. 

By Mr. Gaines. 

Resolved hy the House of Representatives {the Senate concurring)^ 
That there be published and bound 6,000 copies of the State papers 
and all correspondence bearing- upon the purchase of the territor}^ of 
Louisiana by the United States, including the treaty of purchase, 
4,000 for the use of the House of Representatives and 2,000 for the 
use of the Senate. 

Passed the House May 10, 1902. 

Concurred in by the Senate May 13, 1902. 
2 



LIBRARY OF CONGRESS 

R£CSIVEO 

AUG 31 1922 

DOOUMiNTS DIVISION 



STATE PAPERS AND CORRESPONDENCE BEARING UPON THE 
PURCHASE OF THE TERRITORY OF LOUISIANA. 



Mr. King to the Secretary of State. 

London, March '29, 1801. 

Dear Sir: In confirmation of the rumors of the day, Carnot's answer 
to Bailleiil, published during the exile of the former, states the project 
which has been discussed in the Directory, to obtain from Spain a 
cession of Louisiana and the Floridas, A reference to that perform- 
ance, copies of which I at the time sent to the Department of State, 
will show the manner in which it was expected to obtain the consent 
of Spain, as well as afford a clue to the yiews of France in seeking- this 
establishment. What was then meditated, has, in all probability, since 
been executed. The cession of Tuscany to the Infant, Duke of Parma, 
by the treat}' between France and Austria, forms a more compact and 
valuable compensation to this branch of the House of Spain than was 
formerly thought of, and adds very great credit to the opinion which, 
at this time, prevails both at Paris and London, that Spain has in return 
actually ceded Louisiana and the Floridas to France. There is reason 
to know that it is the opinion of certain influential persons in France, 
that nature has marked a line of separation between the people of the 
United States living upon the two sides of the range of mountains 
which divides their territory. Without discussing the considerations 
which are suggested in support of this opinion, or the false conse- 
quences, as I wish to believe them, deduced from it, I am apprehen- 
sive that this cession is intended to have, and may actuall}^ produce, 
effects injurious to the Union and consequent happiness of the people 
of the United States. Louisiana and the Floridas may be given to the 
French emigrants, as England once thought of giving them to the 
American tories; or, they may constitute the reward of some of the 
armies which can be spared at the end of the war. 

I learn that General Collot, who was a few 3^ears ago in America, 
and a traveler in the western country, and who, for some time, has been 
in disgrace and confinement in France, has been lately set at libert}^; 
and that he, with a considerable number of disaffected and exiled 
Englishmen, Scotchmen, and Irishmen, is soon to proceed from France 
to the United States. Whether their voyage has any relation to the 

3 



4 PUECHASE OF THE TEKRITORY OF LOUISIANA. 

cession of Louisiami is a matter of mere conjecture; but liaving- heard 
of it in connection with that project I think proper to mention it to you. 

What effect a plain and judicious representation upon this subject, 
made to the French Government by a minister of talents and entitled 
to confidence, would be likely to have, is quite beyond any means of 
judging which 1 possess; but on this account, as well as others of 
importance, it is a subject of regret that we have not such a character 
at Paris at this time. 

With perfect respect and esteem, 1 have the honor to be, dear sir, 
jour obedient and faithful servant, 

RuFus King. 



[Extract.] 

Mr. King to the Secretary of State. 

London, June 7, 1801. 

On this occasion, among other topics of conversation, His Lordship 
(Hawkesbury) introduced the subject of Louisiana. He had, from 
different quarters, received information of its cession to France, and 
very unreservedly expressed the reluctance with whicli thoy should be 
led to acquiesce in a measure that might be followed by the most 
important consequences. The acquisition might enable France to 
extend her influence and perhaps her dominion up the Mississippi; 
and through the Lakes even to Canada. This would be realizing the 
plan, to prevent the accomplishment of which, the seven years' war 
took place; besides, the vicinity of the Floridas to the West Indies, 
and the facility with which the trade of the latter might be inter- 
rupted, and the islands even invaded should the transfer be made, were 
strong reason why Kngland nuist l:)e unwilling that the territory 
should pass under the dominion of France. As I could not mistake 
his Lordship's object in speaking to me on the subject, I had no diffi- 
cidty or reserve in expressing my private sentiments respecting it; 
taking for my text the observation of Montesquieu, "'" That it is happy 
for trading Powers that God has permitted Turks and Spaniards to be 
in the world, since of all nations they are the most proper to possess a 
great empire with insignificance." The purport of what I said was, 
that we are contented that the Floridas remain in the hands of Spain, 
but should not l)e willing to see them transferred except to ourselves. 

With perfect respect and esteem, I have the honor to be, sir, your 
obedient and faithful servant, 

RuFus King. 



PURCHASE OF THE TEKKITORY OF LOUISIANA. 5 

[Extract.] 

Mr. Madison, Secretary of State, to Charles Pinckney. 

Department of State, 
Washhigton^ June 9^ 1801. 

On different occasions, since the commencement of the French Revo- 
lution, opinions and reports have prevailed that some part of the 
Spanish possessions, including New Orleans and the mouth of the 
Mississippi, had been or was to be transferred to France. Of late, 
information has been received through several channels, making it 
prol)a})le that some arrangement for that purpose has been concerted. 
Neither the extent of the cession, however, nor the consideration on 
which it is made, is yet reduced to certainty and precision. The whole 
subject will deserve and engage your early and vigilant inquiries, and 
may require a very delicate and circumspect management. What the 
motives of Spain in this transaction may be, is not so obvious. The 
policy of France in it, so far, at least, as relates to the United States, 
can not be mistaken. While she remained on the footing of confi- 
dence and affection with the United States, which originated during 
our Revolution and was strengthened during the earl}^ stages of her 
own, it may be presumed that she adhered to the policy which, in the 
treaty of 1778, renounced the acquisition of continental territory in 
North America, and was more disposed to shun the collisions threat- 
ened by. possessions in that quarter, coterminous with ours, than to 
pursue objects to which the commanding position at the mouth of the 
Mississippi might be made subservient. Circumstances are not now 
the same. Although the two countries are again brought together by 
stipulations of amity and commerce, the confidence and cordiality 
which formerly subsisted have had a deep wound from the occurrences 
of late years. 

Jealousies probably still remain, that the Atlantic States have a par- 
tialit}^ for Great Britain, which may, in future, throw their weight into 
the scale of that rival. It is more than possible, also, that, under the 
influence of those jealousies, and of the alarms which have at times 
prevailed, of a projected operation for wresting the mouth of the 
Mississippi into the hands of Great Britain, she may have concluded a 
preoccupancy of it by herself to be a necessary safeguard against an 
event from which that nation would derive the double advantage of 
strengthening her hold on the United States, and of adding to her com- 
merce a monopoly of the immense and fertile region communicating 
with the sea through a single outlet. This view of the subject, which 
suggests the difficulty which may be found in diverting France from 
the object, points, at the same time, to the means that may most tend 
to induce a voluntary relinquishment of it. She must infer, from our 
conduct and our communications, that the Atlantic States are not dis- 



6 PURCHASE OF THE TERRITORY OF LOUISIANA. 

posed to enter, nor are in danger of being drawn, into partialities 
toward Great Britain unjust or injurious to France; that our political 
and commercial interests afford a sufficient guaranty against such a 
state of things; that without the cooperation of the United States, 
Great Britain is not likely to acquire any part of the Spanish posses- 
sions on the Mississippi; and that the United States never have favored 
nor, so long as they are guided b}" the clearest policy, ever can favor, 
such a project. She must be led to see again, and with a desire to 
shun, the danger of collisions l)etween the two Republics from the 
contact of their territories; and from the conflicts in their regulations 
of a commerce involving the peculiarities which distinguish that of the 
Mississippi. Such are the general observations which the President 
has thought it proper should be communicated to you, that, knowing 
the light in which the subject is viewed by him, you may be less in 
danger of presenting it in any other. It is not expected that you 
will have occasion to make any positive use of them in relation to the 
councils of the French Republic, the Minister to which will be charged 
with that task. In relation to the Spanish Government, although the 
chief difficulty is not supposed to lie there, the President wishes you to 
cultivate a favorable disposition by every proper demonstration of the 
preference given by the United States to the neighborhood of that of 
every other nation. This may be the more important, as it is not 
improbable that her councils also may have been affected by rumors of 
proceedings in this country, connected with schemes of Great Britain 
for getting possession of New Orleans. 



[Extract.] 



James Madison, Secretary of State, to Robert R. Livingston, Minister to 

France. 

Department of State, Septemher 28, 1801. 

You have been alread}^ informed of the intention of the President 
that your departure from France should be hastened, and that you 
would be furnished with a passage in the Boston frigate, which, after 
landing you in Bordeaux, is to proceed to the Mediterranean. 

From different sources information has been received that, by some 
transaction concluded or contemplated between France and Spain, 
the mouth of the Mississippi, with certain portions of adjacent terri- 
tory, is to pass from the hands of the latter to the former nation. 
Such a change of our neighbors in that quarter is of too momentous 
concern not to have engaged the most serious attention of the Execu- 
tive. It was accordingly made one of the subjects of instruction to 
Mr. Charles Pinckney, our Minister Plenipotentiarj^ to the Court of 
Spain. You will find an extract of the passage hereto annexed, 



PURCHASE OF THE TERRITORY OF LOUISIANA. 7 

No. 1. A paragraph connected with the same subject, in a letter to 
Mr. King-, is also extracted and annexed. No. 2. In these extracts 
you will see the ideas entertained by the Executive, and the general 
considerations which, it is presumed, will have most tendency to is d- 
suade the parties from adhering to their object. As soon as 3^ou shall 
have prepared the way by the necessary inquiries at Paris, it will be 
proper for you to break the subject to the French Government, and 
to make the use of these considerations most likel}' to give them their 
full weight. You will probably find it advantageous to press, in a 
particular manner, the anxiety of the United States to maintain har- 
mony and contidence with the French Republic, the danger to which 
these will be exposed by collisions, more or less inseparable from a 
neighborhood under such circumstances, and the security which 
France ought to feel that it can not be the interest of this country to 
favor any voluntar}^ or compulsive transfer of the possessions in 
question from Spain to France. 

Among other topics to be employed on the occasion, 5^ou may, per- 
haps, find it eligible to remark on the frequent recurrence of war 
between France and Great Britain, the danger to which the Western 
settlements of the United States would be subject, of being embroiled 
by military expeditions between Canada and Louisiana, the inquietudes 
which would be excited in the Southern States, whose numerous slaves 
have been taught to regard the French as the patrons of their cause, 
and the tendency of a French neighborhood, on this and other accounts, 
to inspire jealousies and apprehensions which may turn the thoughts 
of our citizens toward a closer connection with her rival, and possibly 
produce a crisis in Avhich a verj^ valuable part of her dominions would 
be exposed to the joint operation of a naval and territorial power. 
Suggestions of these kinds must be managed with much delicacy, or 
rather the expedienc}^ of hazarding them at all, as well as the manner 
of doing it, must be left to 3'our own information and discretion. 

Should it be found that the cession from Spain to France has irre- 
vocably taken place, or certainly will take place, sound policy will 
require in that state of things, that nothing be said or done which will 
unnecessarily irritate our future neighbors, or check the liberality 
which they may be disposed to exercise in relation to the trade and 
navigation through the mouth of the Mississippi; everything being 
equally avoided at the same time, which may compromit the rights of 
the United States beyond those stipulated in the treaty between them 
and Spain. It will be proper, on the contrary, to patronize the inter- 
ests of our Western fellow-citizens by cherishing in France every just 
and liberal disposition toward their commerce. In the next place, it 
will deserve to be tried whether France can not be induced to make 
over to the United States the Floridas, if included in the cession to 
her from Spain, or at least West Florida, through which several of 



8 PURCHASE OF THE TEERITORY OF LOUISIANA. 

our rivers (particularly the important river Mobile) empty them- 
selves into the sea. Such a proof on the part of France, of good will 
toward the United States, would contribute to reconcile the latter to an 
arrangement in itself much disrelished by them and to strengthen the 
returning friendship between the two countries; and by affording a 
fund for indemnifying and soothing our fellow-citizens who have suf- 
fered from her wrongs, would, in that view also, be a measure founded 
not less in an enlarged policy than in solid justice. The great impor- 
tance of West Florida to the United States recommends to your 
patriotism the prudent use of every fair consideration which may 
favor the attainment of the object. 

These ideas suppose that the cession to the United States is to be 
obtained from the single will of France. But it ma}^ happen that the 
Floridas are so far suspended, on unfinished negotiations between her 
and Spain, as to admit or require the concurrence of both in gratifying 
the wishes of the United States. In this state of things, France may 
yield to the considerations suggested with less of concession and 
reluctance; and as Spain, too, must feel an interest in the good will of 
the United States, and is responsible, in justice, for very considerable 
depredations on their commerce, there may be the greater possibility 
of her joining in the measure. 

Should the Floridas neither have been ceded to France, nor be an 
acquisition contemplated b}^ her, still it will be material, considering 
her intimate and influential relations to Spain, to dispose her to favor 
experiments on the part of the United States, for obtaining from Spain 
the cession in view. The interest which the latter has in cultivating 
our friendly dispositions, and the obligation she is under to satisfy our 
claims for spoliations, for doing which no other mode may be so con- 
venient to her, are motives to which an appeal may be made with no 
inconsiderable force. Mr. Pinckney is accordingly to avail Jiimself of 
the most auspicious occasions for sounding and exciting the disposi- 
tions of the Spanish Government on this subject; and your efforts at 
Paris can not be too attentively combined with his at Madrid, as well 
on the last supposition that Spain alone is to make the cession, as on 
the former, that France is to have a direct share in the transaction. 
Mr. Pinckney's instructions will relate to each alternative, and you 
will be sensible of the advantages of such a correspondence between 
you as will give the proper concert to your operations. 



Mr. King to the Secretary of State. 

London, Novemher 20, 1801. 
Sir: If the annexed copy of the treat}^ between France and Spain, 
respecting the establishment of the Prince of Parma in Tuscany, be 



PUECHASE OF THE TERRITORY OF LOUISIANA. 9 

genuine, of which I have no reason to doubt, you will perceive the 
value which these Powers seem to have placed upon Louisiana; the 
cession whereof to France is confirmed by the seventh article of this 
treaty. 

I am in hopes that I shall be able to obtain and send you a copy of 
the treaty ceding Louisiana to France: this would enable us to deter- 
mine whether it includes New Orleans and the Floridas. 

There is, doubtless, an understanding between England and France 
in respect to the expedition now nearl}" ready to proceed to Saint 
Domingo, and I think I am not mistaken in the belief, whatever may 
be the intentions of France in respect to the occupation of Louisiana, 
that no part of the forces now collecting and which are going to Saint 
Domingo, will ])e emploj^ed for this purpose. 

It is not a little extraordinary that during the whole negotiation 
between France and England not a word was mentioned on either side 
respecting Louisiana, though this Government was not ignorant of 
the views of France in this quarter. 

With perfect respect and esteem, I have the honor to be, sir, your 
obedient and faithful servant, 

RuFus King. 



[Extract.] 

Mr. Livingston to the Secretary of State. 

Paris, December 10^ 1801. 
I found, from a variet}^ of sources here, and some I think I can 
depend on, the business of Louisiana has been concluded, and it was 
understood it had been given in exchange for the Spanish port of St. 
Domingo, to be restored to its old master. Several circumstances 
concurred to induce me to believe this report was not void of truth. 
I therefore took the earliest opportunit}^ to touch upon that subject 
with the Minister, and to hint at the reason of policy (as it respected 
the French Government as well as ourselves) that made the object 
interesting to us. He seemed at first inclined to waive the subject; 
but when he found I pressed more closel}' he admitted that it had been 
a subject of conversation, but nothing had been concluded or even 
resolved on, in that affair. I left him with a hint that perhaps both 
France and Spain might find a mutual interest in ceding the Floridas 
to the United States. 



[Extract.] 

Mr. Livingston to the Secretary of State. 

Paris, December 12, 1801. 
In addition to what I wrote yesteraay, I have only to mention that 
I am more and more confirmed, notwithstanding what I there say of 



10 PUECHASE OF THE TEERITORY OF LOUISIANA. 

the Minister's assurance, that Louisiana is a favorite object, and that 
they will be unwilling- to part with it on the condition I mentioned. 
Speaking of the means of paying their debts to one of their Ministers, 
yesterday, I hinted at this. His answer was, " None but spendthrifts 
satisfy their debts by selling their lands;" adding, however, after a 
short pause, "but it is not ours to give." 



Mr. Livingston to Mr. King, Minister to England. 

Paris, December 30, 1801. 

Among the objects that would most naturally engage my attention 
on my arrival was the state of the negotiation between France and 
Spain regarding Louisiana; with a view, if it had not been concluded 
on, to throw obstacles in the way, so far as it could be advantageously 
done; or, if it had been effected, to make some such arrangements as 
would lessen the inconveniences which might result from it to our 
Western territory. I have, however, reason to think the whole busi- 
ness had been settled before my arrival. 1 took occasion, on my first 
private audience of the Minister of Exterior Relations, to press him 
directly upon the subject, taking the common reports as a foundation 
for my inquiry. He explicitly denied that anything had been con- 
cluded, but admitted that it had been a subject of conversation. I know, 
however, from a variety of channels, that it is not a mere matter of 
conversation, but that the exchange has actually been agreed upon; 
that the armament destined, in the first instance, for Hispaniola, is to 
proceed to Louisiana, provided Toussaint makes no opposition. Gen- 
eral Collot, whom you may have seen in America, was originally 
intended for Governor of the province, but he is at present out of 
favor. I think it probable the Minister will justify his concealment to 
me, by its not having been definitely closed with Spain, as this, though 
determined between the two Governments, may form an article in the 
general treaty. His absence (being at Lyons) prevents my coming to 
something more explicit with him. That Spain has made this cession 
(which contravenes all her former maxims of policy) can not be doubted, 
but she is no longer a free agent. 

I wish to know from you in what light this is seen by England. It 
will certainl}^ in its consequences, be extremely dangerous to her, as 
it will give an almost unbounded power to her rival. 

It puts Spain in a perpetual state of pupilage, since she must always 

■ tremble for the safety of her colonies in case of rupture. To avoid 

this evil, she must grant every commercial and political advantage to 

France. Her manufactures will find their way, through this channel, 

into every part of the Spanish territory, to the exclusion of those of 



PURCHASE OF THE TERRITORY OF LOUISIANA. 11 

Britain. Our Western territory may be rendered so dependent upon 
them as to promote their political views, while the interest they have 
always nurtured with the Indians, and tBe national character of the 
peasantry of Canada, may render the possessions of Britain ver}^ pre- 
carious, to say nothing of the danger which must threaten her islands 
in case a respectable establishment should ])e made by France in 
Louisiana, which will not fail to be the case, as the territory is uncom- 
monly iine, and produces sugar and every article now cultivated in 
the islands. 

I suggest these hints, that they, with man}^ others which may occur 
to you, may be made use of with the British Ministr}^ to induce them 
to throw all the obstacles in their power in the way of a final settle- 
ment of this business, if it is not already too late. You know, how- 
ever, the importance of not appearing 3-ourself or permitting me to 
appear much opposed to it, if 3'^ou find the thing concluded, since it 
might be made use of to embroil us with France, and Britain will have 
sufficient address to endeavor to keep up a mutual jealousy, if possible, 
between us. 



[Extraet.] 

Mr. Livingston to the Secretary of State. 

Paris, December 31^ 1801. 
The business of Louisiana is very disagreeable to Spain, as far as I 
can learn. If it should be equall)^ so to Britain, perhaps it ma}" meet 
with some obstacles. It is a very favorite measure here. Marbois 
told me yesterday it was considered important to have an outlet for 
their turbulent spirits; yet would not explicitly acknowledge that the 
business had been concluded. 



[Extract.] 

Mr. Livingston to the Secretary of State. 

Paris, January 13, 1802. 

My former letters left j^ou little doubt on the subject of the cession 
of Louisiana. B}^ the inclosed copy of the late treaty between France, 
and Spain you will find that it is a transaction of pretty long standing. 

The absence of the Minister prevents my applying to him for the 
former treaty, which he will hardly know how to give me after abso- 
lutely denying that Any had been formed on the subject. By the 
secrec}^ and duplicity practiced relative to this object, it is clear to 
me that they apprehend some opposition on the part of America to 
their plans. I have, however, upon all occasions, declared that, as long 
as France conforms to the existing treaty between us and Spain, the 



12 PUECHASE OF THE TEERITORY OF LOUISIANA. 

Government of the United States does not consider herself as having 
any interest in opposing the exchange. The evil our country has 
suflfered by their rupture with France is not to be calculated. We 
have become an object of jealousy both to the Government and people. 
The reluctance we have shown to a renewal of the Treaty of 1778 
has created many suspicions. Among other absurd ones, they believe 
seriously that we have an eye to a conquest of their islands. The busi- 
ness of Louisiana also originated in that; and they say expresslj' that 
they could have no pretense, so far as related to the Floridas, to make 
this exchange, had the treaty been renewed, since hy the sixth article 
they were expressly prohibited from touching the Floridas. I own I 
have always considered this article and the guaranty of our independ- 
ence as more important to us than the guaranty of the islands was to 
France; and the sacrifices we have made of an immense claim to get 
rid of it at a dead loss. We nmst calculate upon every effort from 
every maritime Power in Europe to diminish our commerce. France 
has already excluded us from her African colonies. Her premiums 
will exclude our oil; and her heavy duties upon tobacco in foreign 
bottoms will prevent our carrying that article for ourselves. She 
refuses to naturalize our ships, so that a large capital in that article 
will sink in our hands. The American Government have it in their 
power to counteract these measures; but they must do it instantly and 
decidedly, so as to show that measures of hostility to her commerce 
will not produce the effect contemplated by the nations of Europe. 
Let the United States impose a duty upon special articles, of her own 
produce, exported in foreign bottoms, equivalent to the difference of 
duty paid in Europe on such articles when imported in American or 
national vessels. This will secure to us the carriage of our own arti- 
cles; first, because we can carry cheaper; and, second, because this 
duty being paid in advance imposes a greater burden than one that is 
paid out of the sale of the produce. 



[Extract.] 

Mr. King to the Secretary of State. 

London, Ja/nuary 15, 1802. 
Sir: I have before mentioned to 3'ou that the cession of Louisiana 
(of which it seems to me we can have no doubt, notwithstanding what 
may be said to amuse us) was not only a topic of inquiry or discussion 
in the negotiation of the preliminaries: and for the same reason that 
it was not heard of on that occasion. Lord Hawkesbury has recently 
informed me that it had not been and would not be, mentioned at 
Amiens. It is impossible for me to suspect collusion in this affair, 
and ni}^ persuasion, after most careful attention, is, that England 



PUKCHASE OF THE TEBKITORY OF LOUISIANA. 13 

abstains from mixing herself in it, precisely from those considera- 
tions which have led her to acquiesce in others of great importance to 
the balance of Europe, as well as her own repose, and upon which she 
has been altogether silent. 

RuFus King. 



[Extract.] 

Mr. King to the Secretary of State. 

London, Fehruarij 6, 1802. 

Sir: I have seen a letter, dated Paris, February 26, which says, it is 
definitively settled to send a colony to Louisiana and Florida. Gen- 
eral Bernadotte is to have the direction and command of it: prepara- 
tions are making for the first expedition, whose departure will perhaps 
depend upon the accounts expected from St. Domingo. It is asserted 
that the Indian nations, adjoining to Florida, have agents, now here, for 
the purpose of making treaties with this country to unite themselves 
with the troops and settlers that ma}^ be sent hence. The establish- 
ment of this colony is a darling object, and will be pursued with ardor 
and upon a great scale, unless affairs of St. Domingo shall, for the 
moment, derange the plan. Louisiana, Guiana, and the desert islands 
of Tristan de Cunha, are each spoken of as places to which the rebel- 
lious and untractable negroes and people of color may be sent from 
St. Domingo and the other French colonies. 

With perfect respect and esteem, I have the honor to be, sir, j^our 
obedient and faithful servant, 

KuFUS King. 



[Extract.] 

Mr. Livingston to the Secretary of State. 

Paris, Fehruary 26, 1802. 
On the subject of Louisiana, I have nothing new. The establish- 
ment is disapproved by every statesman here as one that will occasion 
a great waste of men and money, excite enmities with us, and produce 
no possible advantage to the nation. But it is a scheme to which the 
First Consul is extremely attached; and it must, of course, be supported. 
You will find, by the enclosed note, that I have pressed an explanation 
on the subject, but I have received no answer. I have it, however, 
through a friend, from the First Consul, that it is by no means their 
intention to obstruct the navigation of the Mississippi, or violate our 
Treaty with Spain. General Bernadotte is understood to be designed 
for the command, and to have asked 10,000 troops. 



14 PURCHASE OF THE TERRITORY OF LOUISIANA. 

Mr. Livingston to the Minister of Exterior Relations. 

Paris, February W, 1802. 

The undersigned, ISIinister Plenipotentiary of the United States, has 
seen, with some concern, the reserve of the French Government, with 
respect to the cession they have received from Spain of Louisiana. 

He had hoped that the}^ would have found a propriety in making 
such frank and open communications to him as would have enabled 
him to satisfy the Government of the United States that neither their 
boundary, nor the navigation of the Mississippi, secured by their 
treaties with Spain, would be, in any way, affected b}" the measure. 
It would also have been ver}" satisfactory^ to him to have taken such 
arrangements with the Minister of Exterior Relations as would have 
had a tendency to dissipate the alarms the people of the Western ter- 
ritor}' of the United States will not fail to feel on the arrival of a 
large bodj" of French troops in their vicinit}'; alarms which will proba- 
blj^ be increased hy the exertions of those Powers that are interested 
in keeping the two Republics from cementing their connection. The 
polic}" of the former Government of France led it to avoid all ground 
of controversy with the United States, not onh^ b}^ declining to possess 
anj^ territory' in their neighborhood, but by stipulating never to hold 
any. The undersigned does not, by this reference to the Treat}' of 
1778, mean to reclaim anj' rights under it, since, by the convention 
of Paris, 30th September, 1800, it is understood to be revoked; but 
mereh' to lead the French Government to reflect how far a regard to 
the same policy might render it conducive to the mutual interests of 
both nations to cover, by a natural bcirrier, their possessions in 
America, as France has invariably sought to do in Europe. 

The undersigned prays the Minister of Exterior Relations (if the 
request is not inconsistent with the views of the Government) to inform 
him whether East and West Florida, or either of them, are included in 
the treaty made between France and Spain; and to afford him such 
assurances, with respect to the limits of their territory- and the navi- 
gation of the Mississippi, heretofore agreed on between Spain and the 
United States, as may prove satisfactory to the latter. 

If the territories of East and West Florida should be included within 
the limits of the cession obtained by France, the undersigned desires 
to be informed how far it would be practicable to make such arrange- 
ments between their respective Governments as would, at the same 
time, aid the financial operations of France, and remove, by a strong 
natural boundary, all future causes of discontent between her and the 
United States. The undersigned embraces this opportunity of renew- 
ing to the Minister of Exterior Relations his, etc. 



PURCHASE OF THE TERRITORY OF LOUISIANA. 15 

[Extract.] 

Mr. King to the Secretary of State. 

London, Fehruary 27, 1802. 
Sir: From all I can gather upon the subject we may consider the 
cession of Louisiana and the Floridas as an affair decided. Without 
doubt, you are fully aware of its various and extensive consequences. 
Has it occurred to you that the French Government will probably 
send thither a large body of people from France, and that it may add 
to them all the refractory and discontented blacks and persons of color 
of their West India colonies? 

With perfect respect and esteem, etc., 

RuFus King. 



Mr. Livingston to the Secretary of State. 

Paris, March 15, 1802. 
Sir: After closing m}" packet, I received the note of which the within 
is a copy. It amounts to nothing, but nmst serve to keep me quite a 
few days longer, till they see what turn the business takes at Amiens, 
which becomes more and more doubtful. The bad news from St. 
Domingo also renders it necessar}^ to keep us in suspense. I have 
already expressed my fear that American propert}^ in the island will 
not be very safe; and the passage in Leclerc's letter relative to the 
powder and arms may serve as an apology. 

I am, sir, etc., R. R. L. 



Paris, March 13, year 10. 

Sir: I have received the different notes which j^ou have done me 
the honor to address to me, relating to the debts, and to the American 
captures; and I have made them the subject of a report to the First 
Consul. As soon as his decision shall be made, I shall hasten to inform 
you of the result. 

Do you doubt, sir, that the questions which concern the United 
States, the determination of which may affect their relations with 
France, will be examined with equal interest and attention? 

Accept, sir, the assurances of m}^ high consideration. 

Ch. Mau. Talleyrand. 



President Jefferson to Mr. Livingston. 

Washington, April 18, 1802. 
The cession of Louisiana and the Floridas by Spain to France, works 
most sorely on the United States. On this subject the Seci'etary of 



16 PURCHASE OF THE TERRITORY OF LOUISIANA. 

State has written to you fully, 3'et I cannot forbear recurring- to it 
personally, so deep is the impression it makes on my mind. It com- 
pletely reverses all the political relations of the United States, and 
will form a new epoch in our political course. Of all nations of any 
consideration, France is the one which, hitherto, has offered the few- 
est points on which we could have any conflict of right, and the most 
points of a communion of interests. From these causes, we have ever 
looked to her as our natural friend^ as one with which we never could 
have an occasion of difference. Her growth, therefore, we viewed 
as our own, her misfortunes ours. There is on the globe one single 
spot, the possessor of which is our natural and habitual enemy. It is 
New Orleans, through which the produce of three-eighths of our ter- 
ritor}" must pass to market, and from its fertilit}' it will ere long 3aeld 
more than half of our whole produce, and contain more than half of 
our inhabitants. France, placing herself in that door, assumes to us 
the attitude of defiance. Spain might have retained it quietly for 
3'ears. Her pacific dispositions, her feeble state, would induce her 
to increase our facilities there, so that her possession of the place 
would be hardly felt b3' us, and it would not, perhaps, ])e very long 
before some circumstance might arise, which might make the cession 
of it to us the price of something of more worth to her. Not so can 
it ever be in the hands of France: the impetuosity of her temper, the 
energ}^ and restlessness of her character, placed in a point of eternal 
friction with us, and our character, which, though quiet and loving 
peace and the pursuit of wealth, is high-minded, despising wealth in 
competition with insult or injury, enterprising and energetic as any 
nation on earth; these circumstances render it impossible that France 
and the United States can continue long friends, when they meet in so 
irritable a position. They, as well as we, must be blind if the}" do 
not see this; and we must be ver}' improvident if we do not begin to 
make arrangements on that hypothesis. The day that France takes 
possession of New Orleans, fixes the sentence W'hich is to restrain her 
forever within her low-water mark. It seals the union of two nations, 
who, in conjunction, can maintain exclusive possession of the ocean. 
From that moment, we must marry ourselves to the British fleet and 
nation. We must turn all our attention to a maritime force, for which 
our resources place us on ver}^ high ground; and having formed and 
connected together a power which may render reinforcement of her 
settlements here impossible to France, make the first cannon which 
shall be fired in Europe the signal for the tearing up any settlement 
she ma}^ have made, and for holding the two co"ntinents of America in 
sequestration for the common purposes of the United British and 
American nations. This is not a state of things we seek or desire. 
It is one which this measure, if adopted b\" France, forces on us as 
necessarily, as any other cause, by the laws of nature, brings on its 



PURCHASE OF THE TERRITORY OF LOUISIANA. l7 

necessary effect. It is not from a fear of France that we deprecate 
this measure proposed by her. For however greater her force is than 
ours, compared in the abstract, it is nothing in comparison of ours, 
when to be exerted on our soil. But it is from a sincere love of peace, 
and a tirm persuasion, that bound to France by the interests and the 
strong S3'^mpathies still existing in the minds of our citizens, and hold- 
ing relative positions which insure their continuance, we are secure of 
a long course of peace. Whereas, the change of friends, which will 
be rendered necessary if France changes that position, embarks us 
necessarily as a belligerent power in the first war of Europe. In 
that case, France will have held possession of New Orleans during 
the interval of a peace, long or short, at the end of which it will be 
wrested from her. Will this short-lived possession have been an 
equivalent to her for the transfer of such a weight into the scale of 
her enemy? Will not the amalgamation of a young, thriving nation, 
continue to that enemy the health and force which are at present so 
evidently on the decline? And will a few 3^ears' possession of New 
Orleans add efjually to the strength of France? She may say she 
needs Louisiana for the suppl}' of her West Indies. She does not 
need it in time of peace, and in war she could not depend on them, 
because they would be so easily intei-cepted. I should suppose that 
all these considerations might, in some proper form, be brought into 
view of the Government of France. Though stated by us, it ought 
not to give offence; because we do not bring them forward as a men- 
ace, but as consequences not controllable by us, but inevitable from 
the course of things. We mention them, not as things which we desire 
by any means, but as things we deprecate; and we beseech a friend to 
look forward and to prevent them for our common interest. 

If France considers Louisiana, however, as indispensable for her 
views, she might perhaps be willing to look about for arrangements 
which might reconcile it to our interests. If auA'thing could do this, 
it would be the ceding to us the island of New Orleans and the Flori- 
das. This would certainly, in a great degree, remove the causes of 
jarring and irritation between us, and perhaps for such a length of 
time, as might produce other means of making the measure perma- 
nentl}^ conciliator}' to our interests and friendships. It would, at any 
rate, relieve us from the necessit}- of taking immediate measures for 
countervailing such an operation by arrangements in.another quarter. 
But still we should consider New Orleans and the Floridas as no 
equivalent for the risk of a quarrel with France, produced by her 
vicinage. 

I have no doubt you have urged these considerations, on every 

proper occasion, with the government where you are. The}' are such 

as must have effect, if you can find means of producing thorough 

reflection on them by that government. The idea here is, that the 

H. Doc. 431 2 



18 PUKCHASE OF THE TERRITOKY OF LOUISIANA. 

troops sent to St. Domingo, were to proceed to Louisiana after finish- 
ing their work in that island. If this were the arrangement, it will 
give you time to return again and again to the charge. For the con- 
quest of St. Domingo will not be a short work. It will take consider- 
able time, and wear down a great number of soldiers. Every eye in 
the United States is now fixed on the affairs of Louisiana. Perhaps 
nothing sint;e the revolutionary war, has produced more uneasy sensa- 
tions through the body of the nation. Notwithstanding temporary 
bickerings have taken place with France, she has still a strong hold 
on the affections of our citizens generally. I have thought it not 
amiss, by way of supplement to the letters of the Secretary of State, 
to write you this private one, to impress you with the importance we 
affix to this transaction. I pra}^ you to cherish Dupont. He has the 
best disposition for the continuance of friendship between the two 
nations, and perhaps you may be able to make a good use of him. 



President Jefferson to M. Lupont de Nemours. 

Washington, April 25, 1S02. 
Dear Sir, — The week being now closed, during which you had given 
me a hope of seeing you here, I think it safe to enclose you my letters 
for Paris, lest they should fail of the benefit of so desirable a convey- 
ance. They are addressed to Kosciugha, Madame de Corney, Mrs. 
Short, and Chancellor Livingston. You will perceive the unlimited 
confidence I repose in your good faith, and in your cordial dispositions 
to serve both countries, when 3'ou observe that I leave the letters for 
Chancellor Livingston open for your perusal. The first page respects 
a cypher, as do the loose sheets folded with the letter. These are 
interesting to him and myself only, and therefore are not for 3'Our 
perusal. It is the second, third, and fourth pages which I wish you 
to read to possess yourself of completely, and then seal the letter 
with wafers stuck under the fl3^ing seal, that it may be seen by nobody 
else if any accident should happen to you. I wish you to be possessed 
of the subject, because you may be able to impress on the government 
of France the inevital)le consequences of their taking possession 
of Louisiana; and though, as I here mention, the cession of New 
Orleans and the Floridas to us would be a palliation, yet I believe 
it would be no more, and that this measure will cost France, and 
perhaps not very long hence, a war which will annihilate her on 
the ocean, and place that element under the despotism of two 
nations, which I am not reconciled to the more because my own 
would be one of them. Add to this the exclusive appropriation of 
both continents of America as a consequence. I wish the present 
order of things to continvie, and with a view to this I value highly 
a state of friendship between France and us. You know too well 



PURCHASE OF THE TERRITORY OF LOUISIANA. 19 

how sincere I have ever been in these dispositions to doubt them. 
You know, too, how much I value peace, and how unwillingly I 
should see any event take place which would render war a neces- 
sary resource; and that all our movements should change their char- 
acter and object. I am thus open with you, because I trust that you 
will have it in 3'our power to impress on that government considera- 
tions, in the scale against which the possession of Louisiana is nothing. 
In Europe, nothing ])ut Europe is seen, or supposed to have any right 
in the affairs of nations; but this little event, of France's possessing 
herself of Louisiana, which is thrown in as nothing, as a mere make- 
weight in the general settlement of accounts, — this speck which now 
appears as an almost invisible point in the horizon, is the embryo of a 
tornado which will burst on the countries on both sides of the Atlan- 
tic, and involve in its effects their highest destinies. That it may yet 
be avoided is my sincere prayer; and if you can be the means of 
informing the wisdom of Bonaparte of all its consequences, you have 
deserved well of both countries. Peace and abstinence from Euro- 
pean interferences are our o])jects, and so will continue while the pres- 
ent order of things in America remain uninterrupted. There is 
another service you can render. I am told that Talleyrand is person- 
ally hostile to us. This, I suppose, has been occasioned by the X Y Z 
history. But he should consider that that was the artifice of a party, 
willing to sacrifice him to the consolidation of their power. This 
nation has done him justice by dismissing them; that those in power 
are precisely those who disbelieved that stor}', and saw in it nothing 
but an attempt to deceive our country; that we entertain towards him 
personally the most friendly dispositions; that as to the government 
of France, we know too little of the state of things there to under- 
stand what it is, and have no inclination to meddle in their settlement. 
Whatever government they establish, we wish to be well with it. 
One more request, — that you deliver the letter to Chancellor Livings- 
ton with your own hands, and, moreover, that you charge Madam 
Dupont, if an}^ accident happen to you, that she deliver the letter with 
her own hands. If it passes only through her's and yours, I shall 
have perfect confidence in its safety. Present her my most sincere 
respects, and accept yourself assurances of my constant affection, and 
my pra3^ers, that a genial sky and propitious gales may place you, 
after a pleasant vo^^age, in the midst of your friends. 



[Extract.] 

James Madison, Secretary of State, to R. R. Livingston, Minister to France. 

Department of State, March 16^ 1802. 
The subject of your letter to Mr. King, of the 30th of December, 
is regarded by the President as not less delicate than you have supposed. 



20 PURCHASE OF THE TERRITORY OF LOUISIANA. 

Considering the particular views which Great Britain ma}^ mingle with 
ours, and the danger that a conlidentia] resort to her may be abused, 
for the purpose of sowing jealousies in France, and thereby thwart 
our object, you and Mr. King will both be sensible that too much 
circumspection cannot be employed. 



[Extract.] 

Mr. Livingston to the Secretary of State. 

Paris, March ^, 1802. 

On the business of Louisiana, they have, as yet, not thought it proper 
to give me any explanations, though I have omitted no opportunity to 
press the subject in conversation, and ultimatel}^, by the note sent you 
on the 25th of Februarj^, (a duplicate of which was forwarded on the 
28th), with a copy of another note enforcing the above, to which I 
have, as yet, received no answer. 

The fact is, they believe us to be certainly hostile to this measure, 
and they mean to take possession of it as early as possible, and with 
as little notice to us as the}'^ can. 

They are made to believe this is one of the most fertile and impor- 
tant countries in the world; that they have a much greater interest 
with the Indians than any other people; that New Orleans must com- 
mand the trade of our whole Western country; and, of course, that 
they will have a leading interest in its politics. It is a darling object 
with the First Consul, who sees in it a mean to gratify his friends, and 
to dispose of his armies. There is a man here, who calls himself a 
Frenchman, by the name of Francis Tatergem, who pretends to have 
great interest with the Creek nations. He has been advanced to the 
rank of General of Division. He persuades them that the Indians are 
extremely attached to France, and hate the Americans; that they can 
raise 20,000 warriors; that the country is a paradise, etc. I believe 
him to be a mere adventurer; but he is listened to, and was first taken 
up by the old Directors. 

I can not help thinking tliat it would be advisable for the present 
Congress to take measures for establishing the Natchez, or some other 
port, and giving it such advantages as Avould bring our vessels to it 
without touching at Orleans. On this subject, however, you will form 
a better judgment than I can. I have but one hope left as to defeat- 
ing this cession: it consists in alarming Spain and England. The 
Spanish Minister is now absent; but I have not failed to show, in the 
strongest light, to the Minister of Britain, the danger that will result 
to them from the extension of the French possessions into Mexico, 
and the probable loss of Canada, if the}' are suffered to possess it. 

I have requested Mr. King to press this subject, also as opportunity 



PURCHASE OF THE TERRITOBY OF LOUISIANA. 21 

offers. I enclose a copy of in}^ last letter to him. If the treaty does 
not close soon, I think it would be advisable for us to meet at Amiens, 
and have accordingly proposed it to hmi. 

I believe, such is the state of things here and such the desire for 
peace, that Britain may force them to relinquish Louisiana; particu- 
larly as the people here are far from desiring the establishment of 
an}" foreign colony which they consider as a weak point and drain for 
the population and wealth. 



[Extract.] 

Mr. Livingston to Mr. King, Minister at London. 

Paeis, March 10, 1802. 
If Louisiana goes into the hands of France without any explana- 
tions on the part of her Government to us, (and this I have not yet been 
able to bring it to, though 1 have pointedly pressed it, both verball}' 
and by note,) on the subject either of her boundarj" or the navigation 
of the Mississippi, it is impossible to see the extent of the power she 
will have in and over America. As part of the territory of Spain, 
Louisiana has no precise boundary; so that it is easy to foresee the fate 
of Mexico, especially when it is considered that General Bernadotte, 
who is marked for this expedition, has demanded, it is said, a large 
body of men, Britain will judge how far she is able to contend with 
France, enriched by the treasures of Spain. The boundary between 
Canada and Louisiana is alike unsettled. The dispositions of a great 
part of the natives of that country are friend!}" to France; her influ- 
ence over the Indian tribes has always been, and will again be, much 
greater than that of the British, both from the disposition and manners 
of her people, and from the whole body of carriers in the Indian trade 
being native Canadians, and much the greater part of them mongrel 
French. It is impossible to say what their influence may be upon our 
Western country, in case of a controversy with Great Britain, particu- 
larly if they keep the keys of it by possessing the mouth of the 
Mississippi or invite their aid in the plunder of Mexico. That the 
possession of that country, aided by the power of France in Europe, 
will draw after it that of all the islands, is easily foreseen. I mention 
these circumstances to you (though I know they could hardly escape 
you) as hints that you may use with advantage to introduce this busi- 
ness at Amiens. You well know how to give them additional weight. 
Nor is the right of Britain to interfere unfounded. By the sixth 
article of the treaty with us of 1778, they absolutely renounce all right 
to take, under any circumstances, any part of the country possessed 
then or before by Great Britain on that continent. Though we have 
relinquished all advantages deducible from that treaty, yet, so far as 



22 PURCHASE OF THE TERRITORY OF LOUISIANA. 

other nations were interested in it, at the close of the last war, they 
have a right to enforce it. And surely it was a very important guar- 
anty to Britain of her colonies; and it might, for aught we know, 
have had great influence upon the terms of the then peace. 



[Extraft.] 

James Madison, Secretary of State, to Mr. Pinckney. 

Department of State, March 30, 1802. 

We are anxious to hear from you on the several subjects with which 
you have been charged; particularly on that of Louisiana. By a treaty 
entered into between Spain and France, in Mai'ch, 1801, and lately 
published in the Paris newspapers, it appears that in an antecedent 
treaty the cession of that countiy had been stipulated by Spain. Still 
it is possible that the cession may have been since annulled; and that 
such was, or was to be the case, has been stated in verbal accounts from 
Madrid. At Paris Mr. Livingston has been given to understand, by 
the French Government, that the cession has never been more than a 
subject of conversation between the two Governments. No informa- 
tion, however, has been received from him subsequent to the publica- 
tion of the Treaty of March, 1801, which must have led to some more 
decisive explanations. 

The copies herewith enclosed of a memorial of sundry inhabitants 
living on waters running from the United States through Florida into 
the Gulf of Mexico, and of a letter from the late Mr. Hunter, repre- 
sentative in Congress of the Mississippi Temtory, will present to 
your attention a subject of some importance at this time, and of very 
great importance in a future view. The Treaty with Spain having, as 
these documents observe, omitted to provide for the use of the Mobile, 
Chatahoochee, and other rivers running from our territory through 
that of Spain, by the citizens of the United States, in like manner with 
the use of the Mississippi, it will be proper to make early efforts to 
supply the defect. Should a cession, indeed, including the Spanish 
territor}^ eastward of the Mississippi, have finally taken place, it can 
answer no j^urpose to seek from the Spanish Government this supple- 
mental arrangement. On a contrary supposition 3^ou will avail 3^our- 
self of the most favorable moment and manner of calling its attention 
to the object. In support of our claim you will be able to use the 
arguments which enforced that to the navigation of the Mississippi. 
If it should be observed that a greater proportion of these rivers than 
of the Mississippi run through the exclusive territory of Spain, it may 
be a set-off that the upper parts of the rivers run, exclusively, through 
the territory of the United States, and do not merely divide it, like the 
Mississippi, from that of Spain. 



PUECHASE OF THE TEERITORY OF LOUISIANA. 23 

But neither the one nor the other circumstance can essentially affect 
our natural rights. Should the Spanish Government be favorably 
disposed, it willbe proper for you to pave the wa}^ for a formal con- 
vention on the subject, endeavoring to obtain, in the meantime, such 
regulations from its authority, and such instructions to its officers, as 
will answer the purposes of our citizens. Among other hardships, of 
which they now complain, and for which a regulation is particularly 
wanted, one 1 understand, is, that the article, cotton, which is acquir- 
ing rapid importance in that quarter, must, after it has been conveyed 
to Mobile, be shipped to New Orleans and pay a duty of about twelve 
and one-half per cent, before it can be exported. 



[Extract.] 

Mr. Livingston to the Secretary of State. 

Paris, April '21^, 1802. 
The business most interesting to us, that of Louisiana, still remains 
in the state it was. The Minister will give no answer to any inquiries 
I make on that subject. He will not say what their boundaries are, 
what are their intentions, and when they are to take possession. And 
what appears very extraordinary to me, is, that by a letter I have just 
received from Mr. Pinckney, I find that he still supposes that the Flor- 
idas are not included in the cession: and he writes me that he has made 
a proposition to purchase them, which lies before the Minister, with 
whom he is to have a conference on the svibject. You may, however, 
be fully assured that the Floridas are given to France; that they are 
at this moment fitting out an armament from, here to take possession. 
This will be commanded by General Bernadotte. The number of 
troops designed for this object is between five and seven thousand. 
They will shortly sail for New Orleans, unless the state of affairs in 
St. Domingo should change their destination. You may act upon this 
information with absolute certainty, since I have no doubt of the chan- 
nel through which I have received it. It would be wise immediately 
to take measures to enable the Natchez to rival Orleans. I have sug- 
gested the means: and I hope they will not be neglected by the Congress 
now sitting. That you may judge of the light in which this country 
is viewed by some here, 1 send you the extract of a paper that now lies 
before the Minister. If Congress makes the Natchez a free port, and 
if the state of affairs in St. Domingo should employ the troops designed 
for Louisiana, time will still be left for gold to operate here. But it 
must be plentifully and liberally bestowed, not barely in the assump- 
tion of debts, but in active capital, afforded in supplies, to aid their 
armaments in the islands. Give me your instructions as to the utmost 
amount, if, as you will be better able to judge than I can, the affairs of 
St. Domingo are likely to be protracted. 



24 PURCHASE OF THE TERRITORY OF LOUISIANA. 

[Extract.] 

James Madison, Secretary of State, to Robert R. Livingston. 

Department of State, 
Washington, 3/ay 1, 1802. 

The conduct of the French Government, in paying so little attention 
to its obligations under the treaty; in neglecting its debts to our citi- 
zens; in giving no answer to your complaints and expostulations, 
which you say is the case with those of other foreign Ministers also; 
and particularly in its reserve as to Louisiana, which tacitly contra- 
dicts the language first held to you by the Minister of Foreign 
Relations — gives tokens as little auspicious to the true interests of 
France herself, as to the rights and just objects of the United States. 

The cession of Louisiana to France becomes daily more and more 
a source of painful apprehensions. Notwithstanding the Treaty of 
March, 1801, and notwithstanding the general belief in France on the 
subject, and the accounts from St. Domingo that part of the armament 
sent to that island was eventually destined for Louisiana, a hope was 
still drawn, from your early conversations with M. Talleyrand, that 
the French Government did not mean to pursue the object. Since the 
receipt of 3^our last communication, no hope remains, but, from the 
accumulating difficulties of going through with the undertaking, and 
from the conviction you may be able to impress, that it must have an 
instant and powerful effect in changing the relations between France 
and the United States. The change is obvious: and the more it can be 
developed in candid and friendh' appeals to the reflections of the 
French Government, the more it will urge it to revise and abandon 
the project. A mere neighhorhood could not be friendly to the harmony 
which both countries have so much an interest in cherishing; but if a 
possession of the mouth of the Mississippi is to be added to other 
causes of discord, the worst events are to be apprehended. You will 
consequently spare no efforts, that will consist with prudence and dig- 
nity, to lead the councils of France to proper views of this subject, 
and to an abandonment of her present purpose. You will also pur- 
sue, b}^ prudent means, the inquiry into the extent of the cession — 
particularly whether it includes the Floridas as well as New Orleans — 
and endeavor to ascertain the price at which these, if included in the 
cession, would be yielded to the United States. I cannot, in the 
present state of things, be more particular on this head than to observe 
that, in every view, it would be a most precious acquisition, and that, 
as far as the terms could be satisfied by charging on the acquisition 
itself the restitution and other debts to American citizens, great liber- 
ality would doubtless be indulged by this Government. The President 
wishes you to devote every attention to this object, and to be frequent 
and particular in your communications relating to it. 



PURCHASE OF THE TERRITORY OF LOUISIANA. 25 

[Extract.] 

James Madison, Secretary of State, to Rufus King, Minister to England. 

Department or State, May i, 180'2. 
We are full}' aware of the tendency of the reported cession of 
Louisiana to plant in our neighborhood troubles of different kinds, 
and to prepare the Avay for ver}'^ serious events. It has accordingly 
been a primary' object with the President to obviate such an event. 



Mr. King to the Secretary of State. 

London, May 7, 180^. 

Sir: Among the few great principles of national policy worth}' of 
fixing the attention of our statesmen, I am willing to hope there is not 
one concerning which there is greater unanimity, in opinion, than in 
that which enjoins upon us all to do our utmost in every way, and 
upon all occasions, to maintain and perpetuate the union of our countr3\ 

With this persuasion, though the subject may not be thought to be 
included among the duties of my mission, 1 have not been able to 
remain inattentive or indifferent to the cession of Louisiana and the 
Floridas to France, because I have viewed it as a measure calculated 
and possibly intended to weaken and divide us. I have already com- 
municated to you what passed between me and the Minister of this 
country in relation to this cession, during the negotiation of peace; but 
as these communications were merely verbal, and as it appeared to me 
to be of some importance that thej' should be distinctly and formally 
confirmed, as well as that we should be ascertained of the sentiments 
of this Government in respect to this cession, I prepared and sent to 
Lord Hawkesbury a confidential letter upon the subject, a copy 
whereof, together with a copy of his answer, is annexed. I will only 
add that I have reason to be satisfied that the cession of Louisiana and 
the Floridas is considered by all the late Ministry, as well as all other 
men of influence in this country, as a measure of the greatest conse- 
quence, and which must have an unavoidable influence upon the dura- 
tion of peace. 

With perfect respect and esteem, I have the honor to be, sir, your 
obedient and faithful servant, 

Rufus King. 



Mr. King to Lord Hawkesbury. 

London, April '21^ 1802. 
My Lord: By the Treaty of Alliance concluded at Paris, in 1778, 
between the United States of America and France, the latter renounced 



26 PURCHASE OF THE TEKRITORY OF LOUISIANA. 

forever the possession of every part of the continent of America lying 
to the east of the course of the river Mississippi. This renunciation, 
confirming that which had been previous!}' made in the treaty of 1763, 
between Great Britain and France, authorized the expectation that 
France, content witli her widely spread dominions, would abstain from 
seeking an extension of them in this part of the American continent; 
an expectation that appeared the more reasonable, inasmuch as the 
motives to such extension could not be satisfactorily reconciled with a 
just regard to the rights and security of those Powers between which 
this portion of America is divided, and l)y which the same is at present 
possessed. 

Contrary, nevertheless, to expectations which have been entertained 
on this subject, if credit be due to uniform and uncontradicted reports, 
the Government of France has prevailed upon His Catholic Majest}^ 
to cede to France both the provinces of Louisiana and the Floridas, 
and having thus acquired a station at the mouth, and on the sides of 
the Mississippi, may be inclined to interfere with and interrupt the 
open navigation of the same. 

By the Treaty of Peace concluded at Paris, in 1783, between the 
United States of America and Great Britain, it is mutually stipulated 
that "the navigation of the river Mississippi, from its source to the 
ocean, shall forever remain free and open to the subjects of Great 
Britain and the citizens of the United States." Without enlarging 
upon the great and peculiar importance of this navigation to the 
United States, a large and increasing proportion of whose people can 
convenienth' communicate with each other, and with foreign countries, 
by no other route, I take the liberty, through your Lordship, to request 
that the British Government will, in confidence, explain itself upon 
this subject, and especially that it will explicitly' declare whether any 
communication has been received b}^ it from the Government of 
France or Spain respecting the said cession; or whether His Britannic 
Majesty has, in any manner, acquiesced in or sanctioned the same, so 
as to impair or affect the stipulation above referred to concerning the 
free navigation of the Mississippi. In a word, I entreat jouv Lordship 
to open yourself on this occasion with that freedom which, in matters 
of weighty concern, is due from one friendly nation to another, and 
which, in the present instance, will have the effect to do awa}^ all those 
misconceptions that may otherwise prevail in respect to the privity of 
Great Britain to the cession in question. 

With the highest consideration, 1 have the honor to be, 

RuFus King. 



PURCHASE OF THE TERRITORr OF LOUISIANA. 27 

Lord Hawkesbury to Mr. King. 

Downing Street, 3fay 7, 1802. 

Sir: I have the honor to acknowledge receipt of your letter of the 
21st ultimo. 

It is impossible that so important an event as the cession of Louisi- 
ana by Spain to France should be regarded by the King in any other 
light than as highly interesting to His Majesty, and to the United 
States; and should render it more necessary than ever that there should 
subsist between the two Governments that spirit of confidence which is 
become so essential to the security of their respective territories and 
possessions. 

With regard to the free navigation of the Mississippi, I conceive 
that it is perfectl}' clear, according to the law of nations, that, in the 
event of the district of Louisiana being ceded to France, that country 
would come into possession of it subject to all the engagements which 
appertained to it at the time of cession; and that the French Govern- 
ment could, consequently, allege no colorable pretext for excluding 
His Majesty's subjects, or the citizens of the United States, from the 
navigation of the river Mississippi. 

With regard to the second question in your letter, I can have no 
difficulty in informing you that no communication whatever has been 
received by His Majesty from the Government of France or Spain, 
relative to an}" convention or treaty for the cession of Louisiana or the 
lloridas; and I can, at the same time, most truly assure you that His 
Majesty has not in any manner, directly or indirectly, acquiesced in 
or sanctioned this cession. 

In making this communication to 3"ou, for the information of the 
Government of the LTnited States, I think it right to acquaint you that 
His Majesty will be anxious to learn their sentiments on every part of 
this subject, and the line of policy which they will be inclined to adopt 
in the event of this arrangement being carried into effect. 

I have the honor to be, with great respect, sir, 3'our most obedient, 

humble servant, 

Hawkesbury. 



James Madison, Secretary of State, to Charles Pinckney, Minister of 

Spain. 

Department of State, 3fay 11., 1802. 
We are still without a line from 3"ou since your arrival at Madrid, 
and feel an increasing solicitude to hear from you on the subject of 
Louisiana. The latest information from Paris has confirmed the fact 
that it was ceded by a treaty prior to that of March, 1801; and, not- 
withstanding the virtual denial of the cession in the early conversa- 
tions between Mr. Livingston and the Minister of Foreign Relations, a 



28 PURCHASE OF THE TERRITORY OF LOUISIANA. 

refusal of any explanations at present seems to admit that the cession 
has taken place. Still there are chances of obtaining a reversal of 
the transaction. The repugnance of the United States to it is, and 
will be, pressed in a manner that can not be without some effect: it is 
known that most of the French statesmen best informed on the sub- 
ject, disapproved of it; the pecuniary difficulties of the French Gov- 
ernment must, also, be felt as a check ; whilst the prospect of a protracted 
and expensive war in St. Domingo; must form a very powerful obstacle 
to the execution of the project. The councils of England appear to 
have been torpid on this occasion. Whether it proceeded from an 
unwillingness to risk a fresh altercation with France, or from a hope 
that such a neighborhood ])etween France and the United States would 
lead to collisions which might be turned to her advantage, is more 
than I can decide. The latter consideration might justly have great 
weight with her; but as her eyes may be more readily turned to the 
immediate and certain purposes to be answered to her rival, it is to be 
presumed that the policy of England will contribute to thwart the 
acquisition. What the intentions of Spain may be, we wait to learn 
from 3^ou. Verbal information from inofficial sources, has led us to 
infer that she disowns the instrument of cession, and will rigorously 
oppose it. Should the cession actually fail from this, or any other 
cause, and Spain retain New Orleans and the Floridas, I repeat to 3^ou 
the wish of the President, that every effort and address be emploved 
to obtain the arrangement by which the territory on the east side of 
the Mississippi, including New Orleans, may be ceded to the United 
States, and the Mississippi made a common boundary, with a common 
use of its navigation for them and Spain. The inducements to be held 
out to Spain were intimated in your original instructions on this point. 
I am charged by the President now to add, that you may not only 
receive and transmit a proposition of guaranty of her territory beyond 
the Mississippi, as a condition of her ceding to the United States the 
territor}^, including New Orleans, on this side, but, in case it may be 
necessary, may make the proposition yourself, in the forms required 
by our constitution. You will infer from this enlargement of your 
authority, how much importance is attached to the object in question, 
as securing a precious acquisition to the United States, as well as a 
natural and quiet boundary with Spain; and will derive from this con- 
sideration additional motives to discharge, with a prudent zeal, the task 
committed to vou. 



[Extract.] 

Mr. Livingston to the Secretary of State. 

Paris, 3£ay W, 1802. 
The same conduct was held (by the Minister of Exterior Pelations) 
with respect to Louisiana. He would not acknowledg-e that the Gov- 



PURCHASE OF THE TERRITORY OF LOUISIANA. 29 

eminent had yet formed an}- specific plan with respect to it, or that 
any troops were going out; but assured me, in general terms, that noth- 
ing should be done that should give us an}- ground of complaint; on 
the contrary, their vicinity would promote our friendship. 

I will not trouble you with the answers that obviously presented to 
this reasoning. It terminated, however, as all my conversations on the 
subject have done, in nothing. 

I shall wait a few days in hopes of hearing from you, after having 
received a cop}^ of my first note, when I shall act agreeably to 3^our 
instructions, or, if you afford me none, send in a second, in which 1 
shall press for a communication of the treaty with Spain, which, 
however, I am in hopes you ma}^ receive through Mr. Pinckney. 

I believe that, for the present, the armament designed for Louisiana 
will be sent to Hispaniola, about which, I find, that much anxiet}' is 
entertained here. 



Mr. Livingston to the Secretary of State. 

Paris, May '28, 1802. 

Sir: Since my last I have acquired information which I can depend 
on, relative to the intentions of this Government with respect to Loui- 
siana. Bernadotte is, as I told you, to command: Collot second in com- 
mand. Adet is to be prefect: but the expedition is delayed till about 
September, on account (as Talleyrand expressed himself to Bernadotte) 
of some difliculty which he did not explain; but which, I have no doubt, 
has arisen from the different apprehensions of France and Spain rela- 
tive to the meaning of the term Lousiana, which has been understood 
by France to include the Floridas, but probably by Spain to have been 
confined to the strict meaning of the term. This explains why 1 could 
never get an answer to my questions relative to the extent of the ces- 
sions; and upon which the French Government had probably no doubt 
till we started it. Believing, if this conjecture as to the cause of delay 
of the expedition was right, that no time should be lost in throwing 
obstructions in the way of its conclusion, I wrote the note of which 
the inclosed is a copy, with the double purpose of alarming Spain, and 
furnishing with arguments, arising from the good faith they owed us, 
against giving their cession the construction France would wish. 1 
consider this as the more important, because 1 believe that every nego- 
tiation for this object will be carried on here. I shall, however, give 
the earliest and fullest information 1 can on this subject to Mr. Pinck- 
ney, who will enforce at Madrid the arguments 1 may use here to 
excite the alarm of the Court of Spain. 

I wait impatiently some further instructions from 3^ou; those 1 have 
in some sort prohibiting such measures as may show any dissatisfac- 



30 PURCHASE OF THE TERRITORY OF LOUISIANA. 

tion on the subject, of which, however, I doubt the policy. The sub- 
ject is so interesting as to induce us to risk something to defeat it. 

If I do not hear from you soon I shall present a pointed memorial 
to this Government stating fully and candidly our objections to their 
taking possession of the Floridas, and demanding security for the 
rights we had originallv, and by treaty with Spain. 

I am, sir, etc. , R. R. L. 



Mr. Livingston, Minister Plenipotentiary of the United States, to His 
Excellency Chevalier d'Azara, Ambassador of His Catholic Majesty. 

Paris, 3fay 28,. 1802. 

Sir: The powerful interests that our respective Governments have, 
that the sincerest friendship and harmony should subsist between their 
territories in America, naturally leads to mutual confidence between 
their Ministers, and a full exposition of their sentiments upon subjects 
which may have a tendency to interrupt that union. I think it my 
dut}^ therefore, to open myself to you with freedom on one which is 
ver}^ important as it regards the good faith which, I trust, both 3'our 
Government and mine will consider as the first of obligations, as it 
respects the great tei-ritorial interests of both Spain and the United 
States; and I flatter m3^self, sir, that with these objects in view, I 
shall meet with equal frankness and confidence on your part. It is 
generally understood that Spain has made a cession of Louisiana to 
France; and it might have been expected, considering the situation of 
this territory, and the friendly connection between both countries and 
the United States, that a communication Avould have been made of this 
treaty to their Government. Passing over this circumstance, probably 
owing rather to inattention than to a want of confidence, I proceed to 
make some observations on the treat}' now in force between the Court 
of Madrid and the United States, and to inquire how far Spain has pro- 
vided for the stipulations contained in that treaty, and secured thereby 
to the United States. The boundary l)etween our respective Govern- 
ments having been established, it is not to be doubted that the cession 
has confined itself to the same limits. But, sir, by the fourth article 
of that treaty, it is agreed that the midchannel of the Mississippi, 
where it divides the territories of Spain from those of the United 
States, shall be the boundary, and that the navigation of this river 
shall be confined to the subjects of Spain and the citizens of the United 
States, unless it shall be extended to others by special convention. I 
am solicitous to know, sir, in what manner the rights of the citizens 
of the United States in this river are preserved by the terms of the 
cession. 

Where the river runs wholly within the territory of Spain, the 



PURCHASE OF THE TERRITORY OF LOUISIANA. 31 

United States have, by the ti"eat3% a qualilied right of navigation of 
which the}^ can not be divested. They have also the assurance of 
Spain that no other nation shall share this right unless by convention; 
by which I understand that Spain binds herself not to grant this right 
without some previous agreement on the subject with the United 
States: and this is rendered more evident from the words of the article 
not being confined to the river below the thirty-first degree of north 
latitude, but extending to the whole of the Mississippi, as well above 
as below: whereas, half the river above that boundar}' belonging to 
the United States, it could not have been intended that either of the 
contracting parties should have a right to grant, without the consent 
of the other, a right that was held in common. The word convention 
must, therefore, be intended to mean a convention between Spain and 
the United States; nor can any cession of the territorj' carry with it a 
right to admit other Powers to a participation of the advantages of the 
navigation of the Mississippi, unless by convention previously entered 
into between His Catholic Majesty and the United States. It is to be 
presumed that, in the cession which Spain has made, the Floridas are 
not included, because of the evident interest that she has in retaining 
them as security for her territories in South America, if unfortunate 
events should hereafter produce a rupture between France and Spain. 
In this case, the Floridas, by lying in the rear of the French colonies, 
would serve as an eflPectual check as well to them as to those turbulent 
spirits in the adjoining States who might, in spite of the efforts of 
their Government, incline to associate in the enterprises of France. 
Upon this subject, sir, however, I pray to have more explicit informa- 
tion, because 3'ou will observe that, b}^ the existing treaty between our 
respective nations, there are special stipulations mutually agreed upon, 
and which the United States have a right to expect some securit}^ for, 
in any cession that Spain may make of that country. 

By the fifth article it is agreed that Spain will restrain by force all 
hostilities on the part of the Indian nations living within their bound- 
ar}^, either on the citizens of the United States, or the Indians within 
their territory, &c. You will easily see, sir, that as this is a national 
obligation, it may be doubtful whether it will pass with the territor}^, 
and yet is of such a nature as to entitle the United States to look for 
its performance from the good faith of Spain, who can not, without 
the consent of the United States, place herself in a situation to render 
it of no effect. By the twenty-second article of the same treat}^, Spain 
stipulates to permit the citizens of the United States to deposit their 
goods at New Orleans, and to export from thence free of duty; or, in 
case of withdrawing this permission, to assign them an establishment 
for this purpose on another part of the banks of the Mississippi. I 
take the liberty to ask, sir, (if the Floridas are included in the cession 
to France,) what stipulations the cession contains insuring to the 



32 PURCHASE OF THE TERRITORY OF LOUISIANA. 

United States this important privilege, which they considered them- 
selves entitled to by the best of all guaranties, the good faith of His 
Catholic Majesty? You will easily see, sir, that if a naked cession has 
been made to France, without attention to these articles, how much 
reason the United States will have to complain of the measure: and I 
trust, sir, that 3 ou will see the propriety of their forming one of the 
parties to any treaty in which their rights may be so materially affected. 
I know, sir, that observations might, and I doubt not will be made 
oflBcially to your Court by the Minister of the United States at Madrid; 
but, in the meantime, sir, as it is my intention to address myself upon 
this subject to the Government of France, I wish to receive from you 
every information which might throw light upon the subject, and the 
rather as knowing the confidence that His Catholic Majesty reposed in 
your talents and patriotism; and seeing, at the same time, that in 
everything that related to this object our respective nations had a joint 
interest. 1 have believed that you will receive with pleasure this 
unofficial note as a mark of my confidence, and afi'ord me your aid in 
giving efficacy to a treaty which has served as a basis of friendship 

between our respective nations. 

H. R. L. 



[Extract.] 

Mr. Livingston to the Secretary of State. 

Paris, June 6\ 1802. 
Enclosed is the answer of the Spanish Ambassador to my letter, a 
copy of which was forwarded on the 28th ult. It accords with the 
conclusions I drew from the delay of the expedition, and the conduct 
of the Minister of Exterior Relations. 1 have had a conversation with 
Collot and Adet, separately. I find that, though they both consider 
their going in official characters to Louisiana as settled, yet that they 
have neither seen the treaty, nor know precisely the boundary of the 
territory acquired. Pensacola and Mobile, they say, are expressl}^ 
given: as to the rest, or whether it includes West Florida, they can not 
say. That France intended that it should, 1 have no doubt; and I still 
think it probable that she will make it yield to her intentions: for in 
Europe she does what she will, and it will require firmness and exer- 
tion to prevent her doing so in America. • 



The Chevalier d'Azara, Ambassador of His Catholic Majesty, near the 
French Republic, to Mr. Livingston, Minister Plenipotentiary of the 
"United States. 

Paris, June 2, 1802. 
Sir: I pray you to excuse my not having been able to see you when 

you were so good as to call at my dwelling; the ill state of my health 

for the last ten days has deprived me of that honor. 



PURCHASE OF THE TERKITORY OF LOUISIANA. 33 

I return you thanks for the frankness disclosed in your unofficial 
note of the 28th Ma}^; and, in adopting the same friendship and oqunl 
frankness, I have the honor to inform you that the affair concerning 
which 3'ou have addressed me, not having passed through my hands, 1 
am unable to give you all the information which you have desired. It 
appears certain, however, that a treaty ceding Louisiana has been con- 
cluded; but I am of opinion that the Floridas are not comprised in the 
cession. 

As the Minister of the United States at Madrid will be required, 
(agreeabh' to what 3'ou have had the goodness to inform me), to demand 
explanation of my Court concerning the treaty in question, your Gov- 
ernment will receive, through him, all the information which mav be 
proper. Nevertheless, I will write to my Court, and will not fail to 
communicate all that I may learn, for the purpose, as far as depends 
on me, of removing- your doubts and dispelling your inquietude. 

J. NiCOLAY d'AzAKA. 



[Extract.] 

James Madison, Secretary of State, to Rufus King, Minister to England. 

Department of State, Jul(/ 23^ 1S02, 
The subject of 3^our letter of May 7th, namely, your correspondence 
with Lord Hawkesbury on the cession of Louisiana and the Floridas 
to France will receive from the President all the consideration which 
its great importance dema.nds; and as soon as an answer can be founded 
on the result of his reflections no time will be lost in transmitting it. 



[Extract.] 

James Madison, Secretary of State, to C. Pinckney, Minister to Spain. 

Department of State, Jk/i/ 2(J, 1802. 
The information from Paris renders it certain that the cession of 
Louisiana to France has actually Ijeen concluded, and that the cession 
comprehends the two Floridas. In this state of the business, it seems 
unnecessary to decide on the price which Spain might be led to expect 
for a cession of the Floridas, including New Orleans, to the United 
States; and the more so, as it would l)e of use for us previously to 
know the value she places on the guaranty proposed in my letter to 
you of the 25th of September last. For the present, the cession 
wished by the United States must l)e an object of negotiation with the 
French Government. It will, notwithstanding, continue to be proper 
for you to cultivate the good dispositions of Spain in relation to it, 
both as they may not be entirely disregarded by France, and as, in 
H. Doc. 431^ 3 



34 PURCHASE OF THE TERRITORY OF LOUISIANA, 

the turn of events, Spain may possibly be extricated from her eng-ag-e- 
ments to France, and again have the disposal of the territories in 
question. 



[Extract.] 

Mr. Livingston to the Secretary of State. 

Paris, July SO, 1802. 

I have received your dispatches and the President's by M. Dupont 
de Nemours. I shall reply more particularly to them at the next 
opportunity, as I am now very much engaged in preparing a lengthy 
memoir on the subject of the mutual interests of France and the United 
States, relative to Louisiana, by Avhich I hope to convince them that, 
both in a commercial and a political view, the posession of it would be 
disadvantageous to France. In my last, I hinted to you my suspicions 
that France and Spain did not understand each other on the subject of 
Louisiana, and communicated to j^ou m}" letters to the Spanish Ambas- 
sador, calculated to sound this business, and interpose some difficulty 
to its execution. His answer confirmed my opinion. I have since 
received, verball}^, his explicit assurance that the Floridas are not 
included in the cession; and I have been applied to, b}^ one of the 
Ministers here, to know what we understand, in America, by Louisi- 
ana. You can easily conceive my answer. I have just received a let- 
terfrom Mr. Graham, in which he communicates the Spanish Minister's 
answer to Mr. Pinckney's application upon the same subject, in these 
words: " If the King should think proper to cede Louisiana, he will 
take care that the interest of the United States shall not be affected by 
it." It appears also, b}^ the fifth article of the Treaty of Madrid, March 
21st, 1801, that the cession had been made of Louisiana generally. The 
French, you know, have always extended it to South Carolina and all 
the country on the Ohio. Since the possession of the Floridas by 
Britain, and the Treaty of 1763, 1 think there can be no doubt as to the 
precise meaning of the term. 

I find a certain degree of raideur in the Spanish Ambassador, on that 
subject, which it will be our interest to cherish at the Court of Spain 
unless we should have a prospect of purchasing the Floridas. In the 
present state of things, until the point is settled, I think it probable 
the expedition to Louisiana will be postponed. In the meantime, all 
that can be done here will be to endeavor to obtain a cession of New 
Orleans, either by purchase, or by offering to make it a port of entry 
to France, on such terms as shall promise advantages to her commerce, 
and give her hopes of introducing her manufactures and wines into 
our western country. An arrangement of this sort, if they listen to it, 
would certainl}' be beneficial to both countries and only hurtful to 



PURCHASE OF THE TERRITORY OF LOUISIANA. 35 

Britain. If to this we could add a stipulation that she shall never pos- 
sess the Floridas, but, on the contrary, in case of a rupture with Spain, 
and a conquest of them, cede them to us, our affairs in that quarter 
would stand as well as I would wish; and the colonies that France 
might attempt to establish on the west side of the Mississippi would 
be too feeble to injure us. 

1 find them very anxious to have the ports of Pensacola and St. 
Augustine, as they dread our having command of the Gulf. I confess 
this appears to me no very important object; and if they would be con- 
tent with these, and give us West Florida and New Orleans, even at a 
large price, we should not hesitate. I am sorry that you have not com- 
municated to me what are precisely the utmost limits of the sum I ma}"^ 
venture to offer in cash, or in our own demands. As the Minister has 
been absent some time, and has but just returned, I can not state precisely 
to 3^ou what we may hope on this subject; but be persuaded that I am 
fully impressed with the importance of the subject, and that nothing 
will be left undone which I can do to effectuate your wishes. I saw 
him last night, and was very cordiall}^ received. His health is so much 
amended by the waters, that 1 hope he will be able to go through busi- 
ness more speedil}^ than he has done. 



[Extract.] 

Mr. Livingston to the Secretary of State. 

Paris, August 10, 1802. 
Our own affairs have advanced but little, since the whole attention 
of those in power are turned to objects nearer home. 1 have had sev- 
eral conferences on the subject of Louisiana, but can get nothing more 
from them than I have already communicated. I have thought it best, 
b\ conversation and by writing, to pave the way, prior to any direct 
application, till I know better to what object to point. For this pur- 
pose, I have written the enclosed essay, which I have had translated, 
and struck off' twent}^ copies; I have just got them finished; I have 
placed some of them in such hands as I think will best serve our pur- 
poses. Talleyrand has promised me to give it an attentive perusal; 
after which, when I tind how it works, I will come forward with some 
proposition. I am very much, however, at a loss, as to what terms 
you would consider it as allowable to offer, if they can be brought to 
a sale of the Floridas, either with or without New Orleans: which last 
place will be of little consequence, if we possess the Floridas, because 
a much better passage ma}^ be formed on the east side of the river. 
I may, perhaps, carry my estimate of them too high; but when I con- 
sider, first, the expense it will save us in guards and garrisons, the 
risk of war, the value of duties, and what may be raised by the sale of 



36 PUKCHASE OF THE TEERITORY OF LOUISIANA. 

lands, I should think them a cheap purchase. I trust, however, that 
you will give me some directions on this head, and not leave the respon- 
sibility of offering too much or too little, entirely at ni}^ door. I 
speak, in all this business, as if the affair of the Floridas was arranged 
with Spain; which, I believe, is not yet the case. But I took occasion 
to touch on the subject three days ago, with the Spanish Ambassador, 
with whom -I was dining, and think he appeared to have somewhat 
relaxed on that ground, but would sa}" nothing decisive; nor were the 
time and place proper to press him. 



Memoir, referred to in the preceding dispatch. 

Whether it will be advantageous to France to take possession of 
Louisiana ? 

This question presents itself in two points of view: 

First, as it affects the commerce and manufactures of France. 

Second, as it affects her positive or relative strength. 

Colonies are never cherished for themselves, but on account of the 
influence the}^ may have upon the general prosperity of the nation. 
And as one man at home, contributes more to this than two at a dis- 
tance, no wise nation colonizes but when it has a superfluous popula- 
tion, or when it has a superfluous capital that can not otherwise be 
rendered productive. 

The population of France, though very considerable, has by no 
means attained the point which renders it necessary to colonize. The 
soil, climate, and local situation, give it advantages as a commercial 
and more particular!}^ as a manufacturing, nation, over every other 
part of Europe. The ingenuit}-, taste, and industry of the inhabit- 
ants have placed them in the highest rank; but these advantages are 
very much restricted by the want of a sufficient capital to bring them 
into operation. A rival nation, inferior in all the circumstances I have 
mentioned, by the single effect of a large capital, has attained a superi- 
ority both in commerce and manufactures which, in return, those cir- 
cumstances enable it to maintain by contimially adding to that 
national wealth. Capital increases manufactures bj^ the introduction 
of machines, by the regular payment of workmen, b}^ reducing the 
interest of mone}', and, above all, by forcing new markets. The 
wealthy mechanic alone can afford those expensive and slow opera- 
tions which, in many cases, give perfection to a fabric. And the rich 
merchant, alone, can afford to make long voyages, from which he has 
slow returns; or give such extensive credits as will tempt those of for- 
eign countries to purchase his commodities in preference to such as 
are offered l)y nations who expect more speed}^ payment. Such is the 
want of capital in France, that no manufacturer has any quantity of 



PLTKCHASE OF THE TEERITOKY OF LOUISIANA. 87 

^oods on hand to answer an immediate demand; and, of course, no for- 
eign merchant can reh^ upon the certainty of obtaining such an assort- 
ment of goods from the French consignee of his cargo, as will answer 
his purpose, without either detaining his vessel, or being compelled to 
take a considerable proportion in articles of very inferior value, 
picked up from diff(M-ent manufactories; so that if frauds are com- 
mitted, no one can be charged with them; a circumstance that renders 
character of little importance to the French mechanic. 

To this cause is owing that when a foreign ship, particularly one 
from a distant nation, disposes of her cargo in France, she has orders 
to take wines and l)randies in return, because these are the only 
articles that the owner can depend upon having, in time, of the quan- 
tit}^ he orders. On the contrar}", an}' species of goods is obtained in 
England at an hour's warning from a single manufaoturer, whose 
character is at stake if they should not prove equal to the sample. 
This circumstance will always induce a foreign merchant to prefer 
dealing for goods of the same nature with a British, rather than with 
a French factor: and accordingly we find cargoes sold in France, and 
the mone}^ remitted to P^ngland to purchase articles that France might 
furnish, were her manufacturers sufficiently rich to supph' them, at a 
short notice, without compelling the buyer to seek them at different 
deposits. This evil can only ])c remedied by an increase of capital in 
the hands of manufacturers. To show how this capital might be 
obtained, would lead me too far out of my present subject. But it 
must be obviously diminished either where a navy is raised at the 
expense of the manufacturer, or where the capital of the nation is 
employed in distant countries. The operation of capital in opening 
new markets is obvious; for nothing is more evident than that mer- 
chants of foreign countries, not possessing large capitals, are content 
to be agents of those who can furnish them goods upon credit. And 
it is by this means that Britain has found no loss of market in America, 
in consequence of their having become independent; their immense 
capital having created a monej^ed dependence which has supplied, in a 
commercial point of view, that which the}^ before derived from the 
supremacy of her Government. The increase of American capital is 
now freeing her, in some sort, from that dependence, and enabling her 
to extend her commercial operations, and even to afford a capital to 
other nations, who shall know how to estimate the value of the market 
she affords to the manufactures and luxuries of Europe. It will readily 
be admitted that transmarine colonies add nothing to the strength of 
a nation. They are, on the contrary, weak points, that are guarded at 
great expense of men and money; more particularly where they are 
placed in warm and unhealthy climates. The simple question, then, 
is — Has France such a superfluity of capital or people as will justify 
the establishment of new colonies? 



38 PtrECHASE OF THE TERRITOKY OF LOUISIANA. 

Those that France ah-eady possesses in the West Indies and at Cayenne 
are more than sufficient to supply all the demands of France, and 
indeed, the demands of all Europe, were they fully cultivated, for those 
commodities that constitute their staples. But how are they to be 
cultivated ? Experience has proved that the inhabitants of warm cli- 
mates are never led by their necessities to labor. Force alone can 
supply those taskmasters (cold and hunger) which nature has placed 
under northern skies. Hence the necessitj^ of slaves in rendering- the 
West Indies productive. These are only to be procured at a very con- 
sidera]>le expense. The Spanish port of St. Domingo was almost 
uncultivated for want of slaves. It is now in the hands of France; 
and to render it productive, an immense capital in slaves, in buildings, 
and in improvements of uncultivated lands, will be necessary. Great 
capital will also be required to supply the losses that the French part 
of the island has sustained, to say nothing of the other islands. From 
whence is this capital to be drawn? Persons that settle in remote and 
unhealthy climates seldom possess much. It must, then, be drawn 
either from France, or some other country that possesses superfluous 
capital. If drawn from France, it must, to a certain degree, injure 
the manufactures of France at home. It may, however, where the 
territory is so extremelj^ productive as the French islands are, where 
the lands are already in a state of cultivation, and the capital advanced 
will produce an immediate interest, be found advantageous, in a national 
point of view, to encourage the application of French capital to this 
object. But while the interest of money is high in France, while the 
interior of the Republic affords a variety of profitable speculations to 
the capitalist, and while few persons are found possessed of superfluous 
wealth, it will be difficult to induce many to vest their capital in a 
distant country, subject to risk from the dishonesty of their agents, 
and those others which recent transactions will teach them to dread. 
Foreign capital was once drawn from the United Provinces. The 
state, however, of the Batavian colonies, and the losses sustained by 
the war, preclude all hope that much of this will now be applied to 
ameliorate the French islands. The United States possess an extensive 
capital in money, and in products necessary for the reestablishment of 
the islands. Money will not be lent, in large quantities, upon the credit 
of the planters; but with proper encouragement, there is little doubt 
that products for which money must otherwise be paid, might be 
obtained. And the mercantile speculations of the United States will 
embrace the French islands, when the private and public credit of 
France shall be reestablished, and experience shall have taught her the 
futility of attempting to raise a revenue upon foreign commerce, while 
in fact she is throwing it upon her own citizens. 

In St. Domingo 20 per cent is paid on articles introduced by foreign- 
ers. This is, indeed, collected from the foreigners; and owing to the 



PURCHASE OF THE TERRITORY OF LOUISIANA. 39 

mismanagement and frauds which generally prevail in custom-houses 
at a distance, is a source of very considerable vexation to the trader. 
But the money is paid by the planter: for it is alwaj's added to the 
price, and even an interest or protit charged upon the dut}" itself, and 
a compensation for all the vexations the merchant suffers. What, 
then, is the effect of this operation but to deduct, at least, one-quarter 
from the mone}' which the planter has with difficult}' drawn from 
France or elsewhere, and so far to impede the reestablishment of the 
capital that can alone render the island ultimately productive to France? 
I say ultimately, for it will be idle to expect that they should compen- 
sate the actual expenses of the French Government till years have 
elapsed. Na}', I will venture to say, that, unless the ports of St. 
Domingo are thrown open to all vessels bringing necessaries, unless 
the inhabitants arc permitted to buy cheap and to sell dear, by encour- 
aging a competition among buyers and sellers, unless every species of 
vexation is removed, and every possible assurance given that foreign 
capitals entrusted to the islands will be perfectly safe, ages will elapse 
before St. Domingo will cease to drain the wealth and strength of 
France without offering an equivalent return. It is obvious, then, 
that if France possessed no other transmarine property than her islands 
in the West Indies, she would ffnd room to place all the capital she can 
now, or probably will be able to spare in a long course of 3'ears. But, 
if, in connection with this, we look to her immense territory in the 
Brazils, to its productions, and the capital it will require to give it the 
value it is susceptible of; if we add to this the establishments it may 
be necessar}^ to make in the East Indies in order to enable the French 
ports to possess all that variet}^ of commodities which invite exchanges 
and give activity to commerce; we shall find a century, at least, will 
elapse before France needs such new establishments. But as she, like 
every other countrj", possesses a limited capital, the sole object of 
inquiry should be, where can this capital be best placed if At home? 
In the islands? At Cayenne? In the East Indies? Or in Louisiana? 
For it is obvious, that whatever is placed in one is taken from the 
other. It is equally obvious that the national expense must be increased 
by the increase of its establishments, and the points of attack and 
defense be multiplied in the same proportion in case of war. 

Man}' able statesmen have doubted whether, to a country situated as 
France, any colonies were of use; but it is not my design to enter into 
those theories. France possesses colonies. She has urged her citizens 
to remove themselves, and invest their property therein, and she is 
bound in good faith to retain and protect them. But she is not bound 
to create new colonies, to nuiltiply her points of defense, and to waste 
a capital which she needs both at home and abroad. In what view 
would the possession of Louisiana be useful to France? First, like 
every othei" warm climate, it must be cultivated l)y slaves. The capi- 



40 PUKCHASE OF THE TERRITORY OP LOUISIANA. 

tal employed in purchasing these slaves, or the slaves themselves, would 
be carried to the islands, if a new market was not open for them. The 
competition will enhance the price to the planters in the islands, and 
so far obstruct their speedy reestablishment. When the slaves arrive 
in Louisiana, they must be employed in the unproductive labor of clear- 
ing the immense forests with which that country is covered; a labor 
ill calculated for slaves, since it requires long habit in the use of the 
ax, and a strength and activity seldom found in slaves. At all events, 
they must he maintained, clothed, and fed for 3^ears before any profit 
will result from their labor: how long, may be determined, in some 
sort, from this fact. When new lands are put out to lease in the 
Northern or Middle States of America the usual terms are ten years 
free of rent, and, after that, twelve bushels of wheat per hundred acres 
forever. It is obvious, then, that the first ten years are considered as 
years of expense, during which the landlord asks nothing; but, in the 
Southern States, land can not even l)e put out on these terms, because 
there the white inhabitants place a higher value upon their labor, and 
the clearing lands by slaves involves too great an expense for any man 
who is not al)solute owner of the soil. Who, then, will cultivate Loui- 
siana with slaves? Who among the French citizens will vest a large 
capital in so precarious a property, with the hope of a distant return? 
There are, also, circumstances in the situation of Louisiana which ren- 
der it more difficult. 

Louisiana is l)ounded ))y an immense wilderness. Slaves, employed 
in the clearing of forests, will form acquaintances with the natives; 
and they will, upon every occasion, escape from labor to the indolence 
of a savage life. It may be asked, why does this not happen in the 
Southern States of America? First, because none are so far south as 
to be free from the rigors of winter, which make it difficult for the 
inhabitants of a warm climate to endure a savage life; and, next, be- 
cause the Southern States are, in a great measure, surrounded by the 
sea, and b}^ the mountains which only know a white population, and 
intercept the comnmnication of the slaves with the waste forests in 
their rear. But supposing all these difficulties surmounted, what 
advantage would result to France, in a commercial point of view, from 
the establishment of this colony; so far as its productions are similar 
to those of their islands, nothing would be gained, because the islands, 
well cultivated, are equal to every demand of France, and, indeed, of 
Europe. The introduction of those from Louisiana would only reduce 
the price, without adding to the value; and France would rind herself 
compelled, in order to prevent the ruin of those who had vested their 
capital in the colonies, to imitate the Dutch, who destroy their spices 
and teas when the}' rind that the quantity debases the value. Commodi- 
ties not raised in the islands, and which might be found in Louisiana, 
are only wood, and, perhaps, rice; but it is certain that these produc- 



PURCHASE OF THE TERKITORY OF LOUISIANA. 41 

tions, when attended with the expense of procuring them in a warm 
and unhealthy climate, will not compensate the expense, or, at least, 
furnish the same profit to labor that might })e obtained, were it em- 
ployed as in the islands, in raising more valuable commodities; a proof 
of which will be found in the United States. It is not from Georgia 
or South Carolina that the West India islands are supplied with wood, 
but principally from the Northern States, though wood lands are much 
scarcer and more valuable with them than to the Southward. The 
reason is, that the furnishing, lumber, the preparing it for the market, 
the mills necessary for that purpose, all require the labor of free hands 
content to worlc foi- a small profit. 

Though it may seem paradoxical, I will venture to say that it is 
not the interest of France to supply herself with wood, even if she 
could do it from Louisiana: and that, for two reasons. The lumber 
supplied to her islands b}^ the Northern States is paid for in molasses, 
and a small quantity of taffia. The first costs nothing to the planter, 
being an otherwise useless product of his sugar; and the second a 
trifling expense in the distillation. If these were not consimied in 
America, the molasses would absolutel}' be thrown awa}-, (as it was 
when the United States were British colonies.) because the commerce 
of France offei's no other market for it. The islands mav then be 
trul}' said to have their lumber from the United States for nothing. 
If, on the contrary, an establishment was made in Louisiana for the 
purpose of furnishing lumber, all the expense of such an establish- 
ment to the nation, together with all the labor emplo3'ed in cutting the 
wood, preparing- and sending it to market, would be actual loss to the 
nation, even supposing the woodcutter content to be paid in molasses 
and rum, ])ecause his labor produces nothing to the nation. But it is 
certain that Louisiana would afford no market for either molasses or 
rum. The consumption of those is found only in the Northern States 
of America: the Southern prefer spirits made from grain, apples, and 
peaches, to that distilled from molasses. The planters, then, sup- 
posing their supply of lumber to be exclusivel}' furnished b}^ a French 
colony in Louisiana, would be compelled to pay for it in money, or in 
some article of real value. If it was not exclusively furnished, it 
woukl not be furnished at all; because the woodcutter in a southern 
climate could never work so cheap as to compete with the hardy sons 
of the North. It may be thought that the molasses would And a 
market in the Northern States, even if not given in return for lumber: 
but this is not the fact. The only inducement with them to take it is 
that they get it in return for another commodity for which they have 
little other market. Let the islands refuse to take the wood of the 
Northern States, and they will instantly substitute spirits distilled 
from grains and apples, for that drawn from molasses: (because, in this 
case, the price of rum must necessarily rise,) and all commerce between 



42 PURCHASE OF THE TERRITORY OF LOUISIANA. 

the islands will stop, except for articles of provision, in return for 
which they will only take monej^ or what will produce money at a 
foreign market. The second reason wh}" France should not, were it 
even in her power, seek her suppl}^ of lumber from a colony in 
Louisiana, is, that, in case of a war, supposing Britain to maintain her 
naval superiorit}', those supplies would be rendered extremely pre- 
carious. Nor would the want of them be easily supplied from the 
United States; for having, during peace, given up that branch of com- 
merce, (and the persons employed in it having turned their attention 
to other objects, and the mills created for sawing the lumber having 
gone to decay,) it would not be easil}^ reestablished on the breaking 
out of a war; the calamities of which would by this means fall doubly 
hard upon the islands. 

In a commercial point of view, then, it is obvious that the coloniza- 
tion of Louisiana would be injurious to France; because it would 
divert a capital that might be more usefully eraploj^ed in her other 
colonies; because that capital would be unproductive for many years; 
and because, when it became productive to the individual, it would 
add nothing to the mass of national wealth, but merely lower the price 
of commodities supplied by the West Indies, and lessen the profits of 
labor. It may, however, be supposed that the possession of Louisiana 
would aii'ord an additional market to French manufactures, and so far 
compensate the nation for the expense of the establishment. This 
question is worthy of examination; and the supply or consumption of 
French fabrics nuist have a reference either to the free population, or 
to that of the slaves. If the free population is to be supplied by 
emigration from France, it will consist of that class of people who 
could not only maintain themselves in France, but add something to 
its wealth l)y their labor; for France is not overstocked with inhab- 
itants; and, of course, none can emigrate without leaving a void some- 
where or some useful labor unperformed. The actual emigrant, 
then, takes something from the general stock of productive labor in 
the parent State. He also carries with him a part of the capital, (for 
he can not go empty-handed,) and he nnist remain, as I have stated, 
ten years before he renders his new establishment more than sufficient 
to support himself. In the meantime, he must live with the utmost 
economy; for having nothing to give in exchange, he can furnish 
little from the parent country; and, indeed, the nature of a Southern 
climate exacts very few of those articles which are necessaries in 
Europe. There can be no question, then, that, so far as relates to 
the actual emigrant, the few articles he will require from French 
looms will not compensate the nation for the loss of his labor: nay, 
that he will consume so much less in America than he would have 
done in France, that, besides his labor, the manufacturer that supplied 
in both countries will be an actual loser by his removal. Black popu- 



PURCHASE OF THE TERRITORY OF LOUISIANA. 43 

lation will contribute still less to aid the manufactures of France, 
because their consumption is extremely small in the article of clothing. 
Even in South Carolina it does not amount to more than fort}- francs 
a year for each black. In Louisiana, as the winter is less severe, it 
will be proportionably less. It Avill consist of cotton, much of it 
made at home, and much more of it obtained from the United States 
by an illicit commerce. But if even the whole were brought from 
France, after deducting the value of the raw material which France 
must purchase, the whole prolit of the French manufacturer and mer- 
chant would not exceed thirty livres a head for each slave. 

Now, every slave sent to Louisiana will cost the nation one thousand 
francs; and as this capital should produce at least ten per cent, em- 
ployed in any species of commerce or manufacture, the whole differ- 
ence between one hundred francs, the product in France, and thirty 
francs, drawn from the advantage of clothing him, will be an actual 
loss to France, for the first ten years, at least, in Avhich they can, (as 
I have before proved,) at the utmost, do no more than support them- 
selves. As numbers will die in the seasoning, and many will elope, 
the actual loss to France on every slave imported and emplo3^ed in 
Louisiana will be 160 francs per annum. But if the profit resulting 
from the labor of the same slave, who might have been carried to one 
of the islands, instead of Louisiana, is added to the account, (and cer- 
tain it is that all carried to Louisiana are taken from the islands,) it 
will be found that the actual loss to the nation, in the mis-employment 
of his labor, will amount to upwards of 600 francs a year, so that the 
first loss to the nation, on the introduction of one thousand slaves into 
Louisiana, beyond the first cost of the slaves, will be six hundred 
thousand francs. It is true, that if peace continues, and the colonj^, 
contrary to every reasonable expectation, should flourish, the wealthy 
planters would consume more French fabrics, but the consumption of 
the slaves will always be trifling, and their labor absolutely unprofit- 
able; because, as I have before observed, being employed in raising 
articles that can be better raised in quantities equal to the demand in 
the islands, and for which the market is limited, they will only, by 
adding to the quantity, lower the price of those commodities which it 
is the interest of France, Avho possesses such productive islands, to 
keep up, 1 know an idea prevails that the commodities of France can, 
by means of the Mississippi, find their way into the western part of 
the United States. Nothing could give birth to this idea but the 
most perfect ignorance of the navigation of that river; and of the 
wants of the inhabitants. 

It is certain that the wines of France are ill calculated for so warm 
a climate as they must pass through to arrive in the Western States, 
and worse suited to the palates or purses of the inhabitants; both of 
which are better adapted to their own liquors, cider, beer, whisky, 



44 PUKCHASE OF THE TERRITORY OF LOUISIANA. 

and peach brandy, the last of which, with age, is superior to the best 
brandy of France. Instead, then, of receiving- these articles from 
France, through Louisiana, they will more probably supply the colony 
with them. Glass, or earthenware, as they have all the materials on 
hand, they make for themselves, in all the back countries of America. 
The consumption of china is exceedingly small, and, were it greater, the 
French china is too dear to enter into competition with that of the 
East Indies. Bulky articles in iron are also made among themselves; 
and the hardware of England has such an acknowledged superiority 
over that of France, that none of the latter could be vended, were the 
market open to both. The only articles, then, that could be possibly 
introduced, would be silks, cambrics, and other light articles of luxury. 
These, however, will never pass by the way of the Mississippi. The 
dangerous navigation of the Gulf, the slow and expensive passage up 
the river against the current, the large capital of the American and 
British merchants at Philadelphia, and the great improvements that 
are daih" making in the inland canals and roads, will always carry these 
by land to the Ohio and other rivers, from which they can be trans- 
ported to every other settlement on cheap and eas}' terms. It is a 
well-known fact that dr}^ goods have been carried from Philadelphia 
to New Orleans ])y this route, in preference to going thither directly 
by water. It is chimerical, therefore, to expect to vend the commodi- 
ties of France, through that channel, when even England, with all her 
enterprise, her right to the navigation of the Mississippi, and the 
prejudice of Americans in favor of her fabrics, has never ventured to 
send her conuuodities by that channel, well knowing that through 
Baltimore and Philadelphia they will find an easier entrance. 

But shoidd France wish to introduce more bulky articles by this 
channel, and habituate the inhabitants of the Western States to her 
wines and to her fabrics, it can only be done by putting New Orleans 
into their hands, stipulating, at the same time, that it shall ever remain 
a free port of entry to French ships and French fal)rics, subject to no 
greater duties than those paid by American ships. This will, at once, 
interest the American merchants settled in New Orleans, in their com- 
merce, turn their capital from England to France, and give the latter 
all the advantages of the island, without the expense of maintaining 
it; and the money acquired by the activity of America from the Span- 
ish Government would center in France, because England, not having 
the same faciliHes, and paying higher duties, could not supply them 
upon the same terms. Should France, on the other hand, determine to 
keep the island, a great part of the commercial capital now in 
Orleans (which is principall}^ American and British) will, in that case, 
be moved to such other place as the United States shall tix upon, and 
this being naturally placed in a state of rivalry to New Orleans, and 
freed from the vexatious that never fail to attend a military Govern- 



PURCHASE OF THE TERRITOKY OF LOUISIANA. 45 

ment at a distance from the eye of the sovereign, will, notwithstand- 
ing an^^ disadvantage in point of situation, draw after it the commerce 
that now centers there. The limits settled between Spain and the 
United States, and lately between the latter and Britain, preclude the 
inhabitants of Louisiana from an}^ share of the fur trade, which, 
indeed^ never could have been considerable, as the southern furs are 
of little value; the few deer skins they receive are an object of no 
moment in a commercial view, as will be found from a view of the 
exports of New Orleans, even now that the United States Mississippi 
territory transports through that channel. 

In these reflections I have not taken into account the hardships, 
expenses, and loss of lives, that result from the establishment of new 
colonies in a marshy country and warm climate, the inroads of savages, 
the insurrection of slaves, the insubordination of troops, and the abuses 
of ofiicers when far removed from the superintending eye of the Sov- 
ereign; any or all of which may defeat the object, and ruin the estab- 
lishment. There is, however, one consideration, and that a very 
important one, that ought to have some weight. Many who carry 
their families and their capital into Louisiana, finding that land is 
equally cheap on the Amei'ican side of the line, will, sometimes from a 
preference for their f oriii of government, sometimes from caprice, some- 
times from pique, or to get rid of the oppression of a military govern- 
ment, (for such that of Louisiana must necessarily be,) remove to the 
territor}" of the United States, even in time of peace. In case of a war 
between France and Spain, this desire will be general; because, sup- 
posing Britain to maintain her naval superiority, (which I have upon 
a former occasion shown that she will, unless the commei'cial system 
of France shall be much more liberal than it now is.) the mouth of the 
Mississippi will be blocked up and the planters of the French Colony 
be reduced to the utmost distress, while those of the United States will 
acquire advantages from the war. In this case, a great proportion of 
the capital that France shall place in Louisiana will be transferred to 
the United States, where farms ready cleared may be purchased at 
half the price at which a French planter can clear his, owing to the 
dexterit}' of American woodsmen, who have been educated to the use 
of the ax, and acquired that strength in the muscles of the arm, 
which is unattainable by men who have been brought up to other 
employments. Past experience has evinced the truth of these obser- 
vations, Louisiana, though settled near a century, has flourished 
neither in the hands of Spain nor of France; and, at this moment, at 
least half the trade of Orleans is carried on upon the capital of citi- 
zens of the United States, under the faith of their treaty with Spain. 
When France shall establish a rival colon}^ there, this will be removed 
to such other place on the Mississippi as it shall be the policy of the 
United States to encourage. 



46 PUECHASE OF THE TERRITOEY OF LOUISIANA. 

If, in a commercial view, the settlement of Louisiana shall not be 
advantajyeous to France, but, on the contrary, really injurious, b}'^ 
divertinj^ her c-apital from more important objects; in a political one, 
it will be found still more inconsistent with her interests. To France, 
considered either as a maritime or a commercial nation, the United 
States are of the last importance. On the first subject, I have, upon 
a former occasion, expressed my sentiments fully. On the latter, 
there can be no doubt that an agricultural nation, whose industry 
enables them to purchase with the product of their raw materials the 
luxuries and fabrics of Europe, and whose habits and pursints prevent 
them from manufacturing for themselves, must otier an important 
market to the inhabitants of the Old World. In this view the trade of 
the United States is considered as extremely valuable to Britain. But 
France, when her manufactures shall attain the perfection of which 
they are susceptible, and her trade be placed upon the proper founda- 
tion, presents a much greater variety of subjects for the support of 
this commerce than Britain. From the last, America receives only 
the product of her looms and her forges. From the first, she will not 
only take these, but aid her agriculture by the purchase of her wines, 
her oils, and her brandies; while, on the other hand, France affords a 
better market than Britain to many of the products of the United 
States. These circumstances, and the relative position of France, 
which precludes all idea of danger or rivalship, either by sea or by 
land, between her and the United States, has made them view her as a 
natural ally, and consider the measure of her power as an additional 
pledge for the safety of their commerce and their future tranquillit3^ 
They have done homage to the wisdom of those statesmen who, at the 
end of a successful war, conceived it more advantageous to France to 
insure the lasting friendship of the United States, than to acquire a 
territory which might excite their jealousy, and throw them back into 
the hands of the nation from whom the}^ had but just aided to liberate 
them. 

1 am aware of the delicacy of touching upon the political evils that 
ma}^ result to France and to the United States from the former pos- 
sessing itself of New Orleans and the Floridas, lest, on the one hand, I 
should leave unsaid what truth requires to be spoken, and, on the 
other, give uml>rage ])y freedom which haughty spirits may construe 
into menace. Feeling myself, however, a citizen of one of these States, 
and warmly attached to the other, I trust that those into whose hands 
this shall be placed, will duly appreciate my motives in endeavoring 
to remove all ground of controversy between nations formed to aid 
each other; and, while they believe me sufiiciently acquainted with the 
resources of my own country, not to dread the power of an}*^ European 
nation, they will think me equally incapable of so ridiculous an idea as 
that of menacing a Government before whose power united Europe 



PURCHASE OF THE TERKITORY OF LOUISIANA. 47 

has bowed. I have observed that France and the United States arc so 
happil}^ placed witli respect to each other, as-to have no point of colli- 
sion. They can nmtually aid, without having the smallest temptation 
to injure, each other. And as there is no nation at present on the 
globe whose consumption offers such encouragement to foreign manu- 
factures as that of the United States; as this consumption is rapidly 
increasing; as the}^ have the means of establishing a navy whenever 
their situation shall render it necessary, how strong, how powerful, 
should the inducement be that compels France to lose these advan- 
tages, and convert a natural and warm ally into a jealous and suspi- 
cious neighbor, and, perhaps, in the progress of events, into an open 
enemy ! 

Experience has evinced that no two nations can border upon each 
other, without having the spirit of rivalry excited; and if this is true 
with respect to neighboring nations, it will be found to apply more 
forcibly to the Colon}-, of a great and powerful nation placed at a dis- 
tance from home, and a Sovereign adjoining such nation. The reason is 
obvious. Where two nations join each other, everything passes under 
the eye of the Sovereign; and differences ma}' be accommodated as 
soon as they arise; but when the Governor of a Colony, rel3'ing for 
protection from home, is guilty of an act of hostilit}-, the wound festers 
before the plwsician can be called in. The offended Sovereign, too, 
will presume that the officer will meet with support, the greater as his 
nation is more powerful; will endeavor to anticipate the hostilities it 
dreads; it will recriminate; and the nations will be plunged into a 
war before explanations can take place. If there is a situation in the 
world that would lead to these melancholy consequences, it would be 
that of France in possession of New Orleans. It blocks up the great 
outlet to a great number of the American States, and to a xevy exten- 
sive and growing population. On this island a military government 
will be established. The conmiander and his troops, justly elated with 
the glory of their nation, will look down upon surrounding people. 
Commerce will be despised, and those who practice it be subjected to 
the despotism of meti who will seek a compensation for their priva- 
tions in being sent to a distant country and unhealth}- climate, in the 
acquisition of wealth. The Colony itself affords no legitimate sources 
for this, but those which arise gradually from commerce and agricul- 
ture, equall}" ill suited to the militar}" character. No vigilance on the 
part of the parent country can control the oppressions that will be 
practiced b}' men at such a distance; nor will the ardent spirits of the 
new settlers in States that border on the Mississippi, in many cases, 
be sufiicientl}' controlled, (even by their own Government,) to prevent 
their endeavors to avenge themselves, rather than to wait the tardy 
justice that they may hope for from diplomatic representations. The 
resentments of the people will be sharpened against each other; the 



48 PUECHASE OF THE TERRITORY OF LOUISIANA. 

ties of friendship will be broken, and tlie Government of the United 
States, which always partakes of the feelings of the people, will tind 
itself unavoidably placed in such a situation as to change its connexion, 
and to guard against the supposed hostility of its old ally, by forming 
cautionary connexions with Britain, who will court their alliance and 
stimulate their resentments against France; because by this connexion 
she will hope to retain the commerce of America, which she almost 
exclusively possesses, give security to her Colonies, and, in case of war, 
facilitate her attempts to conquer the French islands; and, above all, 
prevent that commercial and maritime union between France and the 
United States, on which alone France can hope to engraft a naval 
superiority. It may be asked why these jealousies, that 1 appear so 
greatl}^ to apprehend with respect to France, do not prevail with respect 
to Britain in possession of Canada. 

First, because Britain has, very prudently, separated her territory 
by a natural boundry, which keeps the inhabitants of the respective 
nations from coming into contact. While she held posts on the south 
side of the lakes, the United States viewed her with jealous}^ and there 
is no sort of doubt that hostilities and national hatred would have been 
the consequences of her retaining them, when the American population 
in their neighborhood had increased; symptoms of which had frequently 
been exhibited before they were relinquished. Second, because the 
natural export of the United States being by their own rivers, there 
is no comnmnication of any moment between them and Canada; but, 
thirdly, because Upper Canada is principall}' settled by emigrants from 
the United States, who, in case of a rupture, would probal)ly join them 
if the spirit of the American Government did not prohibit an exten- 
sion of their limits. 

And, after all, what advantages, political or commercial, can France 
o])tain l)y the possession of New Orleans and the east side of the Mis- 
sissippi, that can compensate for the losses she will sustain in both 
respects, by placing herself in a state of rivalr}' with the United States^ 
The Floridas are a narrow slip of very l)arren lands, absolutely inde- 
fensil)le in case of a rupture, and which will require more than they 
are Avorth in guai'ds, garrisons, and Indian subsidies; and however val- 
uable New Orleans may be to the United States, it will be of little value 
to France, when the foreign capital shall be withdrawn from it, or a 
rival city esta])lished by the United States. I find, upon the most 
careful inquiry, that one-third of the mercantile houses now employed 
in New Orleans belongs to the citizens of the United States. No 
sooner shall a military government be established there, than these 
houses, with all the capital that gives activity to the commerce of New 
Orleans, will be removed either to such other place as the United 
States shall receive agreeal)ly to the terms of their treaty with Spain, 
or to the Natchez, to which any vessel that may enter at New Orleans 



PURCHASE OF THE TEERITORy OF LOUISIANA. 49 

can be received. Large A'essels liave already gone from France and 
unloaded their cargoes there without any difficulty. As the market is 
always the better the further you advance, there is little doubt that 
this will become a rival city to that of New Orleans; and when the 
American capital shall be withdrawn from the lattei", when the Gov- 
ernment of the United States shall declare it a port free of duties, New 
Orleans will become of little consequence as a commercial city, and 
only remain a useless expense to France, and a source of endless jeal- 
ousies between them and the United States. 

The cession of Louisiana is, however, very important to France if 
she avails herself of it in the onh" waj^^that sound policy would dictate. 
1 speak of Louisiana proper; in which I do not include the Floridas, 
presuming that they make no part of the cession. Since, by this 
cession, she ma}' acquire a right to navigate the Mississippi, and a 
free trade; and if she knows how to avail herself of this circumstance, 
by a perfect understanding with the United States, she will tind a vent 
through it for a vast variet}" of her commodities when she has given 
the people of the Western States the habit of consuming them, in 
preference to those they receive from Britain. This can only be done 
by aflFording them cheaper. She can onh' attord them cheaper b}^ 
interesting the American merchant in their sale, and having the use of 
his capital, and by engaging the Government of the United States to 
give them a preference. These objects can onl}- be attained b}^ a 
cession of New Orleans to the United States, with a reservation of a 
right of entry, at all times, free of any other duties than such as are 
exacted from the vessels of the United States; together with a right 
to navigate the Mississippi. This will give her ships an advantage 
over those of every other nation, will retain and increase the capital 
of New Orleans, from which her supplies for her islands will be pur- 
chased on the easiest terms, will carry the fabrics of France into all the 
Western territory, which the United vStates will have no interest in 
checking, as all rivalry between the two nations would then be removed. 
France will then command the respect, without exciting the fear of 
the two nations whose friendship is most important to her commerce, 
and to the preservation of her islands; and all this without the expense 
of establishments that would drain the National Treasury, and divert 
the national capital from its proper objects; while, on the other hand, 
should France retain New Orleans, and endeavor to colonize Louisiana, 
she will render herself an object of jealousy to Spain, the United States 
and Britain, who will not only discourage her commerce, but compel 
her to make expensive establishments for the security of her rights. 

In reasoning upon this subject, I have confined myself to such obser- 
vations as obviousl}' presented themj>elves, without seeking any of 
those subtleties which might serve to mislead the judgment. I have 
candidly exposed the plainest facts, in the simplest language. If ever 
H. Doc. 431 4 



50 PUKCHASE OF THE TERRITORY OF LOUISIANA. 

they are opposed, it will be b}' a contrary course. Eloquence and 
sophistry" may repl}^ to and may obscure them; but time and experience 
will evince their truth. 



Mr. Livingston to the Secretary of State. 

Paris, Aug if ^^t 16, 1802. 
I informed you in my last letter that I found some relaxation on 
the subject of the Floridas in my last conversation with the Spanish 
Minister. I have reason to think that within these few da3^s they have 
come to a settlement with France on that subject. What it is I can 
not precisely say; but I presume it is whatever France wishes it to 
be. " I find all the old French maps mark the river Perdido as the 
boundary l)etween Florida and Louisiana. It is possible that this may 
have been insisted upon. If so, the remainder was hardly worth the 
keeping. Whatever it is, the project of taking possession has resumed 
a certain degree of activity. General Victor is appointed. He is to 
have under him a General of Division, two Generals of Brigade, and 
three thousand men only. No more than two millions of francs are 
allowed to this service; so that they must starve or find resources in 
the countr}'. Saturday the General was all da}^ with the Minister of 
Marine, arranging the inferior appointments to be submitted to the 
First Consul. I have been pressing, for some time past, with every- 
body that I thought could have an}- influence in this business. And, 
as I have been happy enough to convince most of them, I do not abso- 
lutel}^ despair, though I am much discouraged from this last arrange- 
ment. The same silence is observed b}^ the Minister. I can get him 
to tell me nothing, I shall see him this morning again, and if I can 
not induce him to speak on the subject more plainly than he has done, 
I will put in a note insisting on our claims under the Spanish Treaty, 
and demanding an explicit recognition of them. On this I believe 
there will bo little difficult}'-, as they have always agreed that the ces- 
sion must be subject to the restrictions under which Spain held the 
territory. There are obvious symptoms of ill humor between this 
country and Britain, and I think it will not be long before they assume 
a serious aspect. Good ma}^ arise out of this evil, if it should happen. 



Mr. Livingston to the Secretary of State. 

Paris, August 19, 1802 
Sir: I write in haste, in hopes that this may overtake Mr. Lyle, and 
correct an error in my last. Notwithstanding the appointment of 
General Victor, and several other officers for Louisiana, among others 



PUKCHASE OF THE TERRITORY OF LOUISIANA. 51 

a comptroller of the forests, no prefect is 3'et appointed. Nor is the 
difference relative to the Floridas settled. Spain insists that they are 
not ceded; and I have certain information that two days ago the Min- 
ister of Marine wrote to the Minister of Foreign Affairs that without 
the Floridas there could be no Louisiana. Nothing shall be neglected 
on my part to keep up this difference; for, while it lasts, there will, 1 
believe, be no expedition; and time and change ma}' work in our favor. 
I am, sir, etc., 

R. R. L. 



Mr. Livingston to the Secretary of State. 

Paris, September 1, 1808 {?). 

Sir: I yesterday made several propositions to the Minister on the 
subject of Louisiana. He told me frankly, that every offer was pre- 
mature; that the French Government had determined to take posses- 
sion first; so that 3'ou must consider the business as absolutely 
determined on. The armament is what I have alread}' mentioned, and 
will be read}' in about six weeks. I have every reason to believe the 
Floridas are not included. They will, for the present, at least, remain 
in the hands of Spain. There never was a Government in which less 
could be done by negotiation than here. There is no people, no Legis- 
lature, no counsellors. One man is everything. He seldom asks 
advice, and never hears it unasked. His Ministers are mere clerks; 
and his Legislature and counsellors parade officers. Though the sense 
of every reflecting man about him is against this wild expedition, 
no one dares to tell him so. Were it not for the uneasiness it excites at 
home, it would give me none; for 1 am persuaded that the whole will 
end in a relinquishment of the country, and transfer of the capital to 
the United States. Their islands call for much more than France can 
ever furnish. The extreme hauteur of this Government to all around 
them will not suffer peace to be of long continuance. The French 
Minister at Lisbon, it is said, is coming home without taking leave. 
England is very sour; the debts due the Northern Powers unpaid, as 
well as ours, though their justice is admitted. Helvetia is still in arms; 
the little Cantons not acceding to the new form of Government. 

I propose to make an excursion of about fifteen days into the Low 
Countries, as I find nothing pressing at this moment here that I can 
forward by my stay. 

1 am, sir, etc., R. R. L. 



President Jefferson to Mr. Livingston. 

Washington, Octoher 10, 1802. 
Dear Sir, — The departure of Madame Brugnard for France fur- 
nishes me a safe conveyance of a letter, which I cannot avoid embrac- 



52 PUECHASE OF THE TERRITORY OF LOUISIANA. 

ing, although I have nothing particular for the subject of it. It is 
well, however, to be able to inform, you, generalh^, through a safe 
channel, that we stand completely corrected of the error, that either 
the government or the nation of France has any remains of friendship 
for us. The portion of that countrj^ which forms an exception, though 
respectable in weight, is weak in numbers. On the contrary, it 
appears evident, that an unfriendly spirit prevails in the most impor- 
tant individuals of the government, towards us. In this state of 
things, we shall so take our distance between the two rival nations, as, 
remaining disengaged till necessit}' compels us, we may haul finally 
to the enemy of that which shall make it necessary. We see all the 
disadvantageous consequences of taking a side, and shall be forced 
into it only by a more disagreeable alternative; in which event, we 
must countervail the disadvantages by measures which will give us 
splendor and power, but not as much happiness as our present system. 
We wish, therefore, to remain well with France. But we see that no 
consequences, however ruinous to them, can secure us with certainty 
against the extravagance of her present rulers. I think, therefore, 
that while we do nothing which the first nation on earth would deem 
crouching, we had better give to all our conununications with them a 
very mild, complaisant, and even friendly complexion, but always inde- 
pendent. Ask no favors, leave small and irritating things to be con- 
ducted by the individuals interested in them, interfere ourselves but 
in the greatest cases, and then not push them to irritation. No matter 
at present existing between them and us is important enough to risk 
a breach of peace; peace being indeed the most important of all things 
for us, except the preserving an erect and independent attitude. 
Although I know 3^our own judgnjent leads you to pursue this line 
identically, 3'et I thought it just to strengthen it by the concurrence 
of mj^ own. * * * 

[Extract.] 

James Madison, Secretary of State, to Robert R. Livingston, Minister to 

France. 

Department of State, October 15, 1802. 
The suspense which has taken place in relation to Louisiana and the 
Floridas is favorable to the efforts for diverting the French Govern- 
ment from its unwise project. Whether we regard the sentiments 
prevailing in this coiuitry on the subject, or the striking tendencies of 
the project itself, no pains ought to be spared for putting an end to it. 
If the occasion can be so improved as to obtain for the United States, 
on convenient terms, New Orleans and Florida, the happiest of issues 
will be given to one of the most perplexing of occurrences. I post- 
pone more particular remarks on this subject until the President shall 



PURCHASE OF THE TERRITORY OF LOUISIANA. 53 

know the impressions on the French Councils, resulting from the 
views of it to which you will be led by the despatches, of which Mr. 
Dupont was the bearer. 



President's Message. 

Gentlemen of the House of Representatives: 

I now transmit a report from the Secretary o State, with the infor- 
mation requested in your resolution of the 17th instant. 

In making this communication I deem it proper to observe that 1 
was led by the regard due to the rights and interests of the United 
States, and to the just sensibilitj^ of the portion of our fellow-citizens 
more immediately affected b}^ the irregular proceeding at New Orleans, 
to lose not a moment in causing everv step to be taken which the occa- 
sion claimed from me; being equally aware of the obligation to main- 
tain, in all cases, the rights of the nation, and to employ, for that 
purpose, those just and honorable means which belong to the character 
of the United States. 

Th. Jefferson. 

December 22, 1802. 



Report of the Secretary of State to the President. 

Department of State, December 21^ 1802. 
The Secretary of State, to whom the resolution of the House of 
Representatives of the United States of the 17th instant was referred 
b}^ the President, has the honor to enclose to him the letters and com- 
munications annexed, from the Governor of the Mississippi Territory, 
the Governor of Kentuck3% and from William E. Hulings, formerly 
appointed Vice-Consul of the United States at New Orleans. In addi- 
tion to this information on the subject of the resolution, it is stated, 
from other sources, that, on the 29th of October, American vessels 
from sea remained under the prohibition to land their cargoes; and 
that the American produce carried down the Mississippi could be 
landed onh' on paying a duty of 6 per cent; with an intimation that 
this was a temporary permission. AVhether, in these violations of 
treat}'^, the officer of Spain at New Orleans has proceeded with or without 
orders from his Government, can not as yet be decided by direct and 
positive testimony; but it ought not to be omitted in the statement 
here made, that other circumstances concur with the good faith and 
friendship otherwise observed by His Catholic Majesty, in favoring a 
belief that no such orders have been given. 

James Madison. - 



54 PURCHASE OF THE TERRITORY OF LOUISIANA. 

Mr. Hulings's Statement. 

New Orleans, Octoher 18, 1802. 

Sir: 1 have the honor to enclose you an extract from a decree this 
day published by the Intendant of the Province of Louisiana, by which 
you will see that the Americans are no longer permitted to deposit 
their merchandise in this city. No information of any other place 
being- appropriated for an American deposit is 3 et given; nor have we 
any reason to hope that the Government has such place in view. The 
season for the cotton from the Natchez, and other produce from the 
settlements higher up to come down, approaches. The difficulties and 
risks of propert}" that will fall on the citizens of the United States, if 
deprived of their deposit, are incalculable; their boats being so frail, 
and so subject to be sunk by storms, that they can not be converted 
into floating stores, to wait the arrival of sea vessels to carry away 
their cargoes. 

The port is also this day shut against foreign commerce, which can 
only be carried on by Spanish subjects, in Spanish l)ottoms. 
1 am, sir, with greatest respect, 



Wm. E. Hulings. 



Hon. James Madison, Secretary of State. 



[Extract.] 

Proclamation of Juan Ventura Morales, Intendant at New Orleans. 

As long as it was necessary to tolerate the commerce of neutrals 
which is now abolished, it would have been prejudicial to the province 
had the Intendant, in compliance with his duty, prevented the deposit 
in this city, of the property of the Americans, granted to them by the 
twenty-second article of the Treaty of Friendship, Limits, and Navi- 
gation, of the 27th of October, 1795, during the limited term of three 
years. 

With the publication of the ratification of the Treat}" of Amiens 
and the reestablishment of the communication between the English 
and Spanish subjects, that inconvenience has ceased. Considering 
that the twenty-second article of the said treaty takes from me the 
power of continuing the toleration which necessit}" required; since, 
after the fulfillment of the said term, this Ministry can no longer con- 
sent to it without an express order of the King; therefore, and with- 
out prejudice to the exportation of what has been admitted in proper 
time, 1 order, that from this date, the privilege which the Americans 
had of importing and depositing their merchandise and effects in this 
capital, shall be interdicted: and, that the foregoing may be publicly 
known, and that nobody may allege ignorance, 1 order it to be pub- 



PURCHASE OF THE TERRITORY OP LOUISIANA. 55 

lished in the usual places, copies to be posted up in the public sitioes; 
and that the necessary notice be given of it to the officers of finance, 
the administrator of rents, and otherwise, as may be necessar3^ 

The present being given under my hand, and countersigned by the 
underwritten notary of finance pro tenvpore., in the office of Intendancy 
of New Orleans, October lO, 1S02. 

Juan Ventura Morales. 
By order of the Intendant: 

Pedro Pedesclaux. 



Governor Claiborne to the Secretary of State. 

Near Natchez, Octoher IS, 1802. 

Sir: 1 have the honor to enclose you a letter which I last evening 
received from Mr. William E. Hulings, together with a translation of 
an extract from a publication made b}'^ Juan Ventura Morales, Intend- 
ant of the Province of Louisiana, etc., dated October IG, 1802. These 
dispatches announce that the port of New Orleans is shut against for- 
eign commerce, and also the American deposit. 

Not understanding from the Intendant's proclamation whether or 
not another place on the banks of the Mississippi had been assigned 
by His Catholic Majesty, (in conformity with our treaty with Spain,) 
for "an equivalent establishment," I have, by letter, (a copy of which 
is inclosed), requested information upon this point, from the Governor- 
General of the Prorvince of Louisiana: when his answer is received it 
shall be forwarded to you. 

The late act of the Spanish Government at New Orleans has excited 
considerable agitation at Natchez and its vicinity. It has inflicted a 
severe wound on the agricultural and commercial interests of this 
Territory, and will prove no less injurious to all the Western country. 

There being at present an interruption in the post between this 
Territory and Tennessee, and supposing it of importance that the Gov- 
ernment should be early apprized of the late event at New Orleans, I 
have forwarded this letter by express to Nashville, where it will be 
deposited in the mail. 
I am, sir, etc., 

Wm. C C. Claiborne. 

Hon. Secretary of State, IT. S. 



Mr. Hulings to Governor Claiborne. 

New Orleans, October 18, 1802. 
Sir: I have to announce to you that this day the port is shut against 
foreign conuuerce, and not against foreign commerce only, but against 



56 PURCHASE OF THE TERRITORY OF LOUISIANA. 

the American deposit in this city. In the decree posted up in the pub- 
lic places, no mention is made of any other place appointed for a 
deposit. You will use this information as you may think proper, 
lam, with great respect, etc., 

Wm. K. Hulings. 
Wm. C. C. Claiborne, 

Governo?' Jfississippi^ Terrf'tori/. 



Governor Claiborne to the Governor-G-eneral of Louisiana. 

Natchez, Octoher'2S^ 1802. 

Sir: 1 was this day informed that, in a proclamation issued on the 
16th instant b}^ the Intendant of the Province of Louisiana, it was 
announced, "That the citizens of the United States should no longer 
be permitted to deposit their merchandises and effects in the port of 
New Orleans.'' 

Information of an event so immediatel}^ interesting to the citizens 
of the United States led me to peruse attentively "the Treaty of 
Friendship, Limits, and Navigation between the United States of 
America and the King of Spain," and, upon adverting to the twenty- 
second article, I found it expressly declared that, "His Catholic Majesty 
will permit the citizens of the LTnited States, for the space of three 
years from this time, to deposit their merchandises and effects in the 
port of New Orleans, and to export them from thence, without parang 
any other duty than a fair price for the hire of the stores; and His 
Majesty promises either to continue this permission, if he finds, during 
that time, that it is not prejudicial to the interests of Spain, or, if he 
should not agree to continue it, then he will assign to them, on another 
part of the banks of the Mississippi, an equivalent establishment." I 
have here quoted the words of the treat}", and find them too explicit 
to reqire comment, or to admit of a dou])tful construction. 

If, therefore, His Catholic Majesty has discontinued his permission 
to the citizens of the United States to deposit their merchandises and 
effects at the port of New Orleans, Avill 3'our Excellency be good enough 
to inform me whether any, and what, other place on the banks of the 
Mississippi has been assigned (in conformity to the treaty) for "an 
equivalent establishment ?" The subject of this inquiiy is so interesting 
to the commerce of the United States and to the welfare of her citi- 
zens, that I must request your excellency to favor me with an early 
answer. 

Accept assurances of my great respect and high consideration. 

Wm. C. C. Claiborne. 

His Excellency Manuel de Salvado, 

Governor- General of Louisiana. 



PUKCHASE OF THE TERRITOKY OF LOUISIANA. 57 

The Governor of Kentucky to the President of the United States. 

State of Kentucky, 
Frankfort, Novemler 30, 1H02. 
Sir: Two days ago, I received the enclosed letters from Dr. James 
Speed, and Meeker & Co., from New Orleans, together with a cop}" of 
a proclamation issued by Juan Ventura Morales. Intendant of the Span- 
ish Government of Louisiana, and which I do myself the honor to 
enclose for your information. The citizens of this State are very much 
alarmed and agitated, as this measure of the Spanish Government will, 
if not altered, at one blow, cut up the present and future prosperity 
of their best interests by the roots. To you, sir, the}- naturally turn 
their eyes, and on your attention to this important subject their best 
hopes are fixed. Permit me to request you will give me information 
on thiy Imsiness as soon as you can say, with certaint}^, what we may 
rely on; and let my solicitude on this occasion be my apolog}" for this 
request. 

With sentiments of respect, etc., James Garrard. 



Read in Senate February 23, 1803, by Mr. White, of Delaware. 
advertisement. 

Under date of the 16th instant (December) the Intendant-General 
of these provinces tells me that the citizens of the United States of 
America can have no commerce with His Majest^^'s subjects — the}' only 
having the free navigation of the river for the exportation of the fruits 
and produce of their establishments to foreign countries, and the 
importation of what they mav want from them. As such I charge 3'ou, 
so far as respects you, to be zealous and vigilant, with particular care, 
that the inhabitants neither purchase nor sell anything to the shipping, 
flat-bottomed boats, barges, or any other smaller vessels that may go 
along the river, destined for the American possessions, or proceeding 
from them, that they shall be informed of it, for their due compliance 
of the same. 

Carlos de Grandpree. 

Baton Rouge, Decemler 22, 1802. 

The foregoing is a translation of the original, directed to me by his 
Lordship Carlos de Grandpree, Colonel of the Roj^al Armies, and 

Governor of Baton Rouge. 

J. O. Conner, 
Cyndic of Fourth Dt strict. 
Baton Uovqy., December 27 , 1802. 



58 PURCHASE OF THE TERRITORY OF LOUISIANA. 

Mr. Livingston to the President of the United States. 

Paris, Octol>er ^8, 1802. 

Dear Sir: Nothing very important having occurred for some time 
past, I have not thought it necessary to trouble you, particularly as I 
concluded that you would, for a time, have quitted the seat of Gov- 
ernment, and sought repose from the fatigues of politics. 

While the union between France and Russia subsists, the discontents 
which almost every nation in Europe feels at the extreme loftiness of 
the first will be suppressed. But as fear and not affection occasions 
the suppression, they are ready to break out on the iirst favorable 
moment. Man}^ think that moment not very distant. Great changes 
have taken place in the Administration: Wormzofl' is known to be 
inclined to Britain; and I lind that the change occasions considerable 
sensation here, not only among the foreign Ministers, but among those 
of France. One effect of it has been to send off Andriotte, who has 
hitherto l)een retained till Lord Whitworth arrived, even though 
formal notice had long since been given that he was to go in eight 
days. Britain is seriously dissatisfied; and, indeed, has some reason to 
complain; several of her vessels which put in here, (as is said b}" stress 
of weather,"^ having been detained, and Mr. Murray's representations 
treated with neglect. 

The affairs of Helvetia have also excited great uneasiness in Eng- 
land, where all parties seem to concur in wishing to oppose some 
barriers to the power of France. The British republicans are dis- 
gusted with the changes which have taken place here; while the royal- 
ists dread the stability that the Government has assumed in the hands 
of the First Consul. The mercantile and manufacturing interests, 
who looked to peace for the renewal of the Treaty of Commerce, from 
which they derived such advantages, are sore at the severity with 
which their commeree is interdicted here. You will accordingly find, 
by the British papers, that both those of the majority and minority 
teem with abuse on France, and blow aloud the trumpet of discord. 

By the Treaty of Madrid, 3'OU recollect that the reigning Duke of 
Parma and Placentia was to renounce them in favor of France; in con- 
sideration of which, his heir was to have the kingdom of Etruria. 
This he has constantl}^ refused to do, and has lately died without mak- 
ing any renunciation. The Spanish Ambassador here has been called 
upon to complete the treaty. He replied that he had no powers. And 
General Bournonville has gone express to Spain to eft'cft this object — 
the Kmg of Etruria being now Duke of Parma. Whether he will 
prefer the Crown he now holds to his hereditary dominions I know 
not; but I think he must su])mit to what is dictated here, or risk the 
loss of both. 

The Mississippi business, though all the officers are appointed, and 



PUECHASE OF THE TERRITOKY OF LOUISIANA. 59 

the army under orders, has met with a check. The army under orders 
is obstructed for the moment. Events may possibly arise, of which 
we may avail ourselves. 

I had, two da3\s ago, a very interesting conversation with Joseph 
Bonaparte, having put into his hands a copy of the memoir on Louisi- 
ana, which I sent the Secretary of State. I took occasion to tell him 
that the interest he had taken in settling the differences between our 
respective countries had entitled him to our confidence, and that I 
should take the liberty to ask his advice in matters that were likely to 
disturb the harmon}" that subsisted between our respective Republics. 
He seemed pleased at the compliment, and told me that he would 
receive with pleasure any communication 1 could make; but as he 
would not wish to appear to interfere with the Minister, he begged 
my communication might be informal and unsigned — exactly what I 
wished, because 1 should act with less danger of committing myself, 
and of course with more freedom. He added, you must not, however, 
.suppose my power to serve you greater than it actually is; ni}^ brother 
is his own counsellor; but we are good brothers, he hears me with 
pleasure, and as I have access to him at all times, I have an oppor- 
tunity of turning his attention to a particular subject that might 
otherwise be passed over. 1 then asked him whether he had read my 
notes on Louisiana. He told me that he had, and that he had conversed 
upon the subject with the First Consul, who, he found, had read them 
with attention; that his brother had told him that he had nothing more 
at heart than to be upon the best terms with the United States. I 
expressed to him my apprehensions of the jealousies that would natur- 
ally be excited from their vicinity, and the impossibility of prevent- 
ing abuses in a military government established at so great a distance 
from home. 

Wishing to know with certainty whether the Floridas were included, 
(which, however, 1 had pretty well ascertained ])efore,) I told him that 
the only cause of difference that might arise between us, being the debt 
and Louisiana, I conceived that both might be happily and easily 
removed by making an exchange with Spain, returning them Lousiana, 
retaining New Orleans, and giving the latter and the Floridas for our 
debt. 

He asked me whether we should prefer the Floridas or Louisiana? 
I told him that there was no comparison in their value, but that we 
had no wish to extend our boundary across the Mississippi, or give 
color to the doubts that had been entertained of the moderation of our 
views; that all we sought was security, and not extension of territory. 
He replied, that he believed any new cession on the part of Spain 
would be extremely difficult; that Spain had parted with Trinidad and 
Louisiana with great reluctance. 1 have, however, reason to think 
that Bournonville is instructed to effect this object, not, however, with 



60 PURCHASE OF THE TERRITORY OF LOUISIANA. 

a view to my project, but with intention to procure for France some 
port in the Gulf, from which they think they may secure their own 
and annoy the British commerce; so that, if we should, contrary, to 
our hopes, make any bargain with them, I fear that East Florida will 
not be included. However, everything is yet in air; and I doubt 
much, considering the present state of things in Europe, whether 
Spain will make any exchange that will give France a command of the 
Gulf. Though this is a favorite object with France, she may not, in 
the present state of things in Europe, think it prudent to press too 
hard. It is time that she should acquire some character for moderation. 

The First Consul is gone to Rouen, and is to be back by the 18th 
Brumaire. The British fear he means to examine the coast. The 
prospect of a rupture grows more serious. I can tell you, with cer- 
tainty, that a remonstrance, in pretty strong terms, has been presented 
by her Minister, on the subject of the Consul's interference in the 
affairs of Helvetia. How it will be received I know not; but 1 think 
it would not have been made if it had not been the intention of Britain 
to seek a quarrel. 

I refer you to the Secretary of State for information on our partic- 
ular affairs. 

Lafayette's situation demands the aid of our country. * * * He 
was ready to sacrifice everything for us, and we owe him something 
effectual, I must pray you to get Mr. Randolph, or some other leading- 
member of Congress, to patronize him. Our gratitude will do us 
honor abroad, and not be unpopular at home. 
I have the honor to be, etc., 

R. R. Livingston. 

Th. Jefferson, Esq., 

President of the United States. 



[Extract.] 

Robert R. Livingston, Minister to France, to James Madison, Secretary 

of State. 

Paris, November 2, 1S02. 
My letter to the President, sent by the way of England, will show 
you that the business of Louisiana has met with a check, though 1 fear it 
will soon be resumed; and that troops will go out this Autumn, as every- 
thing was arranged, and they were under marching orders. Florida is 
not, as I before told you, included in the cession. You will see in the 
President's letter my conversation with Joseph Bonaparte i this I shall 
have a convenient opportunity to renew, as he has promised to give 
me a shooting party at his country house in a few days. Time may 
afford circumstances of which we may avail ourselves. I therefore 



PUKCHASE OF THE TERRITORY OF LOUISIANA. 61 

l^ray you to be explicit in your instructions, and in your replies to some 
questions that I have asked you relative to this subject in my former 
letters, since I am at present wholly unauthorized as to an}^ offers that 
it would be proper to make; and we certainly do not expect to receive 
this country, or an}' interest in it, as a free gift. 



Robert R. Livingston, Minister to France, to James Madison, Secretary 

of State. 

Paris, Novevihei' 11, 1802. 
France has cut the knot. The difficulty relative to Parma and 
Placentia, that stopped the expedition to Louisiana, has ended b}^ their 
taking possession of the first, as you see by the enclosed paper. Orders 
are given for the immediate embarkation of troops (two demibrigades) 
for Louisiana; they will sail in about twenty days from Holland. 
The Government here will give no answer to my notes on the subject. 
They will say nothing on that of our limits, or of our right under the 
Spanish Treaty. Clarke has been presented to General Victor as a 
merchant from Louisiana. The General did not probably conceal his 
views, which are nothing short of taking exactly what the}' find con- 
venient. When asked what they meant to do as to our right of entre- 
l)dt, he spoke of the treaty as waste paper; and the prefect did not 
know that we had such right, though it had been the subject of many 
conversations with the Minister, and of three different notes. The 
sum voted for this service is two millions and a half; as to the rest, 
they expect to compel the people to support the expenses of the Gov- 
ernment, which will be very heavy, as the number of the officers, civil 
and military, with their suits, is great; and they are empowered to 
draw: so that the first act of the new Government will be the oppres- 
sion of their people and our commerce. I believe you may add to this 
an early attempt to corrupt our people, and, if I may judge by the 
temper that the General will carry with him, an early attempt upon 
the Nachez, which they consider as the rival of New Orleans. If you 
look back to some of my letters on this subject, you will see my opinion 
of the necessity of strengthening ourselves by force and ships at home, 
and by alliance abroad. No prudence will^ I fear, prevent hostilities 
ere long; and perhaps the sooner their plans develop themselves the 
better. In a letter to the President, sent by way of England, I men- 
tion a conversation with Joseph Bonaparte, from which I derive some 
small hopes; but they are of no avail now that the expedition is deter- 
mined upon. I had yesterday written you a long letter upon the 
general state of our affairs, but, having no one to copy it, and being 
anxious to give you this intelligence as early as possible, I confine 
myself to this single object, lest I should miss the ship which is about 
to sail from Havre. 



62 PUECHASE OF THE TERRITOKY OF LOUISIANA. 

I am, dear sir, with the most respectful consideration, 3^our most 
obedient servant, 

R. R. Livingston. 
James Madison, Secretary of State. 



Robert E.. Livingston, Minister to France, to James Madison, Secretary 

of State. 

Paris, Novemher 11., 1802. 

Sir: After writing mine of this date, I called on the Minister and 
insisted on some positive answer to ni}^ notes. He told me that he was 
expressly instructed by the First Consul to give me the most positive 
assurances that the treaties we had entered into with Spain or them, 
relative to Louisiana, should be strictly observed. When I expressed 
my surprise that their officers should not ])e informed on that head, 
though on the eve of departing, he assured me that they would be fur- 
nished with copies of the treaties, and directed to conform strictly to 
them. I asked why these assurances were not given to me in the usual 
form, b}^ replying to my notes ? He said that he hoped that there 
would be no difficult}^ on that head, when the Consul should arrive 
(he is now absent). I have stated this that you might, by comparing 
this conversation with the contents of the letter, and the information 
derived from Clarke's conversation with the General, draw your own 
inferences. I shall endeavor to-day to see J. Bonaparte, though he 
has all along assured me that it was the Consul's intention to cultivate 
our friendship, and by no means to do anything that would endanger 
it. It will, however, be well to be on our guard, and, above all, to 
re-enforce the Natchez, and to give it every possible commercial advan- 
tage. If we can put ourselves in the situation to prevent the danger 
of hostility, I think we may hope that the dissatisfaction of inhabitants, 
the disappointment of officers, and the drain of money which the 
establishment will occasion, will facilitate our views after a veiy short 
time. 

I am, dear sir, with the most respectful consideration, your most 
obedient servant, 

Robert R. Livingston. 

Hon. James Madison, 

Se(yretary of State. 

P. S.— In my letter to the President, I informed him that General 
Bournonville had gone post to Spain, and that I had reason to think 
he had it in charge to obtain the Floridas. I know that he went with 
the greatest speed; accordingly, on his very first conference, he 
proposed to Spain to relinquish Parma and Placentiu for the Flori- 



PUKCHASE OF THE TERRITORY OF LOUISIANA. 63 

das. * * * But Spain may be forced to give them, though she 
should not like the exchange. You see by this how much it is a favorite 
object with the First Consul, and judge from thence of our prospects. 

What effect the news from St. Domingo ma^^ have I know not. The 
army there is reduced to 1,200 effectives. Other particulars you will 
have more correctly than we have here. 

The Consul is still absent, but daily expected. Lord Whitworth is 
on his way from Calais, and will be here to-morrow. 



Robert R. Livingston, Minister to France, to James Madison, Secretary of 

State. 

Paris, November H^ 1802. 
In addition to my last, (duplicates enclosed,) I have obtained accurate 
information of the offer to Spain. It is either to sell them Parma for 
forty-eight millions of livres, or to exchange it for Florida. You see 
by this the value they put on Florida. I fear Spain will accede to 
their proposition. Lord Whitworth has arrived. The affairs of Switz- 
erland are in a train to be settled as France thinks proper; the Diet 
being dissolved and deputies appointed to come to Paris. Sweden has 
made a peace with Tripoli, for which she pays one hundred and fifty 
thousand dollars. The Emperor is not yet satisfied with the indemni- 
ties, and there are many symptoms of change in the politics of Russia. 



Mr. Madison, Secretary of State, to Charles Pinckney, Minister to Spain. 

Department of State, Noveinher ^7, 1802. 

A letter from a confidential citizen at New Orleans, a copy of which 
is enclosed, has just informed us that the Intendant, at that place, by 
a proclamation, from which an extract is also enclosed, had prohibited 
the deposit of American effects stipulated by the Treatj^ of 1795; and, 
as the letter is interpreted, that the river was also shut against the 
external commerce of the United States from that port. Whether it 
be the fact or not that this latter prohibition has also taken place, it is 
evident that the useful navigation of the Mississippi so essentially 
depends on a suitable depository for the articles of commerce, that a 
privation of the latter is equivalent to a privation of both. 

This proceeding is so direct and palpable a violation of the Treaty of 
1795, that, in candor, it is to be imputed rather to the Intendant solely 
than to instructions of his Government. The Spanish Minister takes 
pains to impress this belief, and it is favored by private accounts from 
New Orleans, mentioning that the Governor did not concur with the 
Intendant. But, from whatever source the measure ma}^ have pro- 
ceeded, the President expects that the Spanish Government will neither 



64 PURCHASE OF THE TERRITORY OF LOUISIANA. 

lose a moment in eoimtermanding' it, nor hesitate to repair ever}" dam- 
age whicli may result from it. You are aware of the sensibility of our 
Western citizens to such an occurrence. This sensibility is justified 
by the interest they have at stake. The Mississippi is to them every- 
thing. It is the Hudson, the Delaware, the Potomac, and all the navi- 
gable rivers of the Atlantic States, formed into one stream. The 
produce exported through that channel last year amounted to one mil- 
,lion six hundred and twenty-two thousand six hundred and seventy- 
two dollars from the districts of Kentucky and Mississippi onl}^ and will 
probabl}^ be fifty per cent, more this year, (from the whole Western 
country. Kentucky alone has exported, for the first half of this .year, 
five hundred and ninety-one thousand four hundred and thirty-two 
dollars in value,) a great part of which is now, or shortly will be, 
afloat for New Orleans, and consequently exposed to the efJects of 
this extraordinary exercise of power. Whilst 3'ou presume, therefore, 
in 3'our representations to the Spanish Government that the conduct 
of its officer is no less contrary to its intentions than it is to its good 
faith, you will take care to express the strongest confidence that the 
breach of the treaty will be repaired in every way which justice and a 
regard for a friendly neighborhood may require. 

I have communicated the information received from New Orleans 
to the Chevalier d'Yrujo, with a view to obtain his immediate interpo- 
sition, as you will find by the enclosed copy of a letter to him. He 
readily undertakes to use it with all the effect he can give it by writ- 
ing immediately on the subject to the local authority at New Orleans. 
I shall write at the same time to Mr. Hulings, who will enforce, as far 
as he ma}^ have an opportunity, the motives for recalling the unwar- 
rantable prohibitions. It is to be hoped that the Intendant will be led 
to see the error which he has committed, and to correct it before a 
very great share of its mischief will have happened. Should he prove 
as obstinate as he has been ignorant or wicked, nothing can temper 
the irritation and indignation of the Western country, l)ut a persuasion 
that the energy of their own Government will obtain from the justice 
of that of Spain the most ample redress. 

It has long been manifest that, whilst the injuries to the United 
States, so frequentl}^ occurring from the colonial officers scattered 
over our hemisphere, and in our neighborhood, can only be repaired 
by a resort to their respective Sovereigns in Europe, that it will be 
impossible to guard against most serious inconveniences. The instance 
before us strikes with peculiar force, and presents an occasion on 
which 3^ou ma}' advantageously suggest to the Spanish Government 
the expediency of placing in their Minister on the spot, an authority to 
control or correct the mischievous proceedings of their colonial offi- 
cers towards our citizens; without which any one of fifteen or twenty 
individuals, not always among either the wisest or best of men, may. 



PUKCHASE OF THE TEEKITORY OF LOUISIANA. 65 

at any time, threaten the good understanding of the two countries. 
The distance between the United States and the old continent, and the 
mortif3'ing- delay's of explanations and negotiations across the Atlantic 
on emergencies in our neighborhood, render such a provision indis- 
pensable, and it can not be long before all the Governments of Europe, 
having American colonies, must see the policy of making it. 



Extract from the Message of the President of the United States to Congress. 

December 15, 1802. 
The cession of the Spanish province of Louisiana to France, which 
took place in the course of the late war, will, if carried into effect, 
make a change in the aspect of our foreign relations, which will 
doubtless have just weight in any deliberations of the Legislature 
connected with that subject. 



Robert R. Livingston, Minister to France, to James Madison, Secretary of 

State. 

Paris, Becemher W, 1802. 
Sir: I have received vour favor by Mde. Broniau, and had, as you 
will find, anticipated 3'our wishes in finding another manual to the First 
Consul. The consequence of which is, that I have, at this moment, 
a very strong memorial under his ej^e, and some projects which appear 
to be well received. But the subject is too delicate to treat here; 
when a safe conveyance offers I shall write to j^ou more at large. 
The Minister has changed his conduct much for the better, either 
because of our late difference, or because he suspects that I have 
another passage to the First Consul. France has not yet got Florida; 
but there is not much doubt that her negotiations on this subject will 
succeed, as Parma is a favorite object with Spain. Pray be explicit 
in the amount of what I may offer, and consider the value of the 
countiy — its importance to peace — the expensive establishment it will 
save, and its intrinsic worth, from the price of the land and actual 
revenue. I do not, however, mean that you should infer from this 
that my prospects of obtaining the object are great, because I find, as 
Mr. Talleja-and told me 3"esterday, the First Consul entete with this 
project. But I have made so many converts, that I would wish, in case 
favorable circumstances should arise, to know how to act. If left to 
myself I ma}^ go be3"ond the mark. General politics you will collect 
from the papers I send. I have mentioned that the storm in England 
will blow over for the present; and the peace will not be lasting. The 
armament for Louisiana has not yet sailed; the civil officers are vet 
here, if I am rightly informed by the Minister from whom I had it 
yesterday. 

H. Doc. 431 5 



66 PUKCHASE OF THE TERRITORY OF LOUISIANA. 

The necessity of my sending this immediately prevents my adding 
anything but the assurance of the highest esteem. 

1 have the honor to be, sir, your most obedient and humble servant, 

Robert R. Livingston. 

P. S. December 23. — The armament has not 3'et sailed; Florida not 
ceded; more hesitation and doubt on the subject than I have yet 
observed. I have, in a private memoir under the Consul's eye, 
touched a string that has alarmed them. I can not now explain. The 
Minister knows nothing of this. Set on foot negotiation fixing our 
bound with Britain, but by no means conclude until you hear from me 
that all hope here is lost. It is an important card in my hands, and 
must, for the present, at least, be somewhat under my control. Do 
not absolutely despair, though you may have no great reason to hope 
should New Orleans be possessed by a small force. 

This letter goes ])y the wa}^ of England by Mr. Murray, who has not 
allowed me time to give it you in any better dress. I must wait for 
some more direct conveyance to write fully to you. 



James Madison, Secretary of State, to Robert R. Livingston, Minister to 

France. 

Department of State, 

December 23, 1802. 
Sir: In the latter end of last month we received information from 
New Orleans of the interdiction of the deposit there for our merchan- 
dise, stipulated by the treat}^ with Spain, without an equivalent estab- 
lishment being assigned. A copy of the Intendant's proclamation to 
that efl'ect is enclosed. Private accounts render it probable that the 
Governor of the province openly dissented from that act; but private 
letters, of so late a date as the 29th of October, inform us that it is still 
enforced. The Legislature of Kentucky have voted a memorial to Con- 
gress complaining of it, and they will, probably, be followed b}^ other 
portions of the Western people. Should it not be revoked before the 
time for the descent of the boats in the Spring, both the injury and irri- 
tation proceeding from it will be greatly increased. The House of 
Representatives passed a resolution on the 17th of this month, calling 
for information upon this subject, a copy of which, if it should be 
printed early enough, will be enclosed. The result of their delibera- 
tions can not be anticipated; but I may hazard the remark that, whilst 
we have no clear foundation on which to impute this infraction to 
orders from the Spanish Government, it would be contrary to the duty, 
policy, and character of our own to resort for redress in the first 
instance to the use of force. 



PUKCHASE OF THE TERRITORY OF LOUISIANA. 67 

January 3, 1S03. 

The delay in the sailing of the British packet, by which this is for- 
warded, gives an opportunity of adding that, since the date of the above, 
a letter has been received from Governor Claiborne, of the Mississippi 
Territor}', inclosing one from the (Governor of Louisiana, which says 
that the suspension of the deposit by the Intendant was without orders 
from the Spanish Government, and that the measure did not accord 
with his judgment. He observes, also, that he had conummicated the 
proceeding to the Governor of the Havana, who has some kind of super- 
intendence over the authorities at New Orleans. This information 
strengthens the hope that the irregularit}- may be corrected before it 
can have wrought extensive injury to our Mississippi commerce. The 
occurrence has drawn forth the clearest indications, not only of the 
sensibility of the Western countr}^ with respect to the navigation of 
the Mississippi, but of the sympathy of their Atlantic fellow-citizens on 
the subject. 

I have the honor to be, etc., James Madison. 

Robert R. Livingston, Esq. 



James Madison, Secretary of State, to Charles Pinckney, Minister to Spain. 

Department of State, January 10^ 180S. 
Sir: Since n\j letter of November 2Tth, on the subject of what had 
taken place at New Orleans, a letter has been received from the Gov- 
ernor of Louisiana to Governor Claiborne, in which it is stated that 
the measure of the Intendant was without instructions from his Gov- 
ernment, and admitted that his own judgment did not concur with that 
of the Intendant. You will find, by the printed documents herewith 
transmitted, that the subject engaged the earl}" and earnest attention 
of the House of Representatives; and that all the information relating 
to it possessed b}^ the Executive prior to the receipt of that letter, 
was reported, in consequence of a call for it. The letter itself has been 
added to that report; but being confidentially communicated, it does not 
appear in print; a translation of it, however, is herewith enclosed. 
You will find, also, that the House has passed a resolution explicitly 
declaring that the stipulated rights of the United States on the Missis- 
sippi will be inviolably maintained. The disposition of many members 
was to give to the resolution a tone and complexion still stronger. To 
these proofs of the sensation which has been produced, it is to be added, 
that representations, expressing the peculiar sensil)ility of the Western 
country, are on the wa}' from every quarter of it to tlie Government. 
There is, in fact, but one sentiment throughout the Union with respect 
to the duty of maintaining our rights of navigation and boundar3\ 
The only existing ditt'ercnce relates to the degree of patience which 
ought to be exercised during the appeal to friendly modes of redress. 



68 PURCHASE OF THE TERRITOEY OF LOUISIANA. 

In this state of things, it is to be presumed that the Spanish Govern- 
ment will accelerate, by evei'}^ possible means, its interposition for that 
purpose; and the President charges you to urge the necessity of so 
doing with as much amicable decision as you can employ. We are not 
without hopes that the Intendant will yield to the demands which have 
been made on him: and to the advice which he will have received from 
the Spanish Minister here. But it will be expected from the justice 
and good faith of the Spanish Government, that its precise orders to 
that effect will be forwarded by the quickest convej^ance possible. The 
President wishes, also, that the expedient suggested in the letter above 
referred to, for preventing similar occurrences and delays, may also be 
dul}^ pressed on that Government. 

I have the honor to be, etc., James Madison. 

Charles Pinckney, Esq. 



President Jefferson to Mr. Monroe. 

Washington, January IS, 1803. 
Dear Sir, — I dropped you a line on the 10th, informing you of a 
nomination I had made of you to the Senate, and yesterday I enclosed 
you their approbation, not then having time to write. The agitation 
of the pul)lic mind on occasion of the late suspension of our right of 
deposit at New Orleans is extreme. In the western country it is 
natural, and grounded on honest motives. In the seaports it proceeds 
from a desire for war, which increases the mercantile lottery: in the 
federalists, generally, and especiall^y those of Congress, the object is 
to force us into war if possible, in order to derange our finances, or if 
this cannot be done, to attach the western country to them, as their 
best friend, and thus get again into power. Remonstrances, memorials, 
&c., are now circulating through the whole of the western country, 
and signed by the body of the people. The measures we have been pur- 
suing, being invisible, do not satisfy their minds. Something sensible, 
therefore, has become necessary; and indeed our object of purchasing 
New Orleans and the Floridas is a measure liable to assume so many 
shapes, that no instructions could be squared to tit them. It was 
essential then, to send a minister extraordinary, to be joined with the 
ordinary one, with discretionary powers; first, however, well impressed 
with all our views, and therefore qualified to meet and modify to these 
every form of proposition which could come from the other party. 
This could be done only in full and frequent oral communications. 
Having determined on this, there could not be two opinions among 
the republicans as to the person. You possessed the unlimited confi- 
dence of the administration and of the western people; and generally 
of the republicans everywhere; and were you to refuse to go, no other 
man can be found who does this. The measure has already silenced 



PUKCHASE OF THE TEREITORY OF LOUISIANA. 69 

the federalists here. Congress will no long-er be agitated by them; 
and the countr}- will become calm fast as the information extends over 
it. All eyes, all hopes are now fixed on you; and were you to decline, 
the chagrin would be universal, and would shake under your feet the 
high ground on which j^ou stand with the public. Indeed, 1 know 
nothing which would produce such a shock. For on the event of this 
mission depend the future destinies of this republic. If we cannot 
by a purchase of the country, insure to ourselves a course of perpetual 
peace and friendship with all nations, then as war cannot be distant, 
it behooves us immediately to ])e preparing for that course, without, 
however, hastening it; and it may ])e necessar}^ (on your failure on 
the continent) to cross the channel. We shall get entangled in Euro- 
pean politics, and figuring more, be much less happy and prosperous. 
This can only be prevented by a successful issue to your present 
mission. I am sensible after the measures you have taken for getting 
into a different line of business, that it will be a great sacrifice on 
your part, and presents from the season and other circumstances 
serious difiiculties. But some men are born for the public. Nature 
by fitting them for the service of the human race on a broad scale, 
has stamped them with the evidences of her destination and their duty. 



James Madison, Secretary of State, to Robert R. Livingston, Minister to 

France. 

Department of State, Jannary 18, 1803. 
Sir: M}^ letters of December 28d and January 3d, comnmnicated the 
information which had been received at those dates, relating to the 
violation, at New Orleans, of our treaty with Spain; together with what 
had then passed ])etween the House of Representatives and the Execu- 
tive on the subject. I now enclose a subsequent resolution of that 
branch of the Legislature. Such of the debates connected with it as 
took place with open doors will be seen in the newspapers; which it is 
expected will be forwarded hy the Collector at New York by the pre- 
sent opportunity. In these del)ates, as well as in indications from the 
press, you will perceive, as you would readilj" suppose, that the ces- 
sion of Louisiana to France has been associated as a ground of much 
solicitude with the affair at New Orleans. Such, indeed, has been the 
impulse given to the public mind by these events, that ever}" branch 
of the Government has felt the obligation of taking the measures most 
likeh% not only to re-establish our present rights, ))ut to promote 
arrangements by which they may be enlarged, and more effectually 
secured. In deliberating on this subject, it has appeared to the Presi- 
dent that the importance of the crisis called for the experiment of an 



70 PUECHASE OF THE TERRITORY OF LOUISIANA. 

extraordinary mission; carr3^ing with it the weig'ht attached to such a 
measure, as well as the advantage of a more thorough knowledge of 
the views of the Government, and the sensibility of the people than 
could be otherwise conveyed. 

He has, accordingly, selected for this service, with the approbation 
of the Senate, Mr. Monroe, formerly our Minister Plenipotentiary at 
Paris, and latel}^ Governor of the State of Virginia; who will be joined 
with yourself in commission extraordinar}'^ to treat with the French 
Republic; and with Mr. Pinckney in a like commission to treat, if 
necessar}", with the Spanish Government. The President has l)een 
careful, on this occasion, to guard effectually against any possible mis- 
constructions in relation to yourself, by expressing, in his Message to 
the Senate, his undiminished confidence in the ordinary representation 
of the United States, and by referring the advantages of the addi- 
tional mission to considerations perfectly consistent therewith. 

Mr. Monroe will be the bearei- of the instructions under which you 
are jointly to negotiate. The ol)ject of them will be to procure a ces- 
sion of New Orleans and the Floridas to the United States; and con- 
sequentl}" the establishment of the Mississippi as the boundary between 
the United States and Louisiana. In order to draw the French Gov- 
ernment into the measure, a sum of money will mark part of our 
propositions; to which will be added, such regulations of the commerce 
of that river, and of the others entering the Gulf of Mexico, as ought 
to be satisfactoi-y to France. From a letter, received by the President 
from the respectable person alluded to in my last, it is inferred, with 
prol)a])ility, that the French Government is not averse to treat on 
those grounds. And such a disposition must he strengthened by the 
circumstances of the present moment. 

1 have thought it proper to connnunicatc thus much to .you, without 
waiting for the departure of Mr. Monroe, who will not be able to sail 
for two weeks, or perhaps mor(». I need not suggest to you that, in 
disclosing this diplomatic arrangement to the French Government, 
and preparing the way for the object of it, the utmost care is to be 
used in repressing extravagant anticipations of the terms to be offered 
by the United States, particularly the sum of money to be thrown into 
the transaction. The ultimatum on this point will be settled before 
the departure of Mr. Monroe, and will ])e communicated by him. The 

sum hinted at in the letter to the President above referred to, is 

livres. If less will not do, we are prepared to meet it; but it is hoped 
that less will do, and the prospect of acconnnodation will concur with 
other motives in postponing the expedition to Louisiana. For the 
present I barel}^ remark, that a proposition made to C.ongress with 
closed doors is under consideration, which, if agreed to, will authorize 
the payment of about ten millions of livres, under arrangement of 
time and place that may be so convenient to the French Government 



PURCHASE OF THE TERRITORY OF LOUISIANA. 71 

as to invite a prompt as well as favorable decision of the case. The 
sum to which the proposition is limited, and which will probably not 
be effectually concealed, may, at the same time, assist in keeping down 
the pecuniary expectations of the French Cabinet. 
I have the honor to be, etc. 

James Madison. 



(The following is one of the memoirs, or essa3's, referred to in the 
preceding letter from Mr. Livingston to the President, dated March 12, 
and in Mr. Madison's letter to Mr. Livingston of May 25, 1803.) 

Thoughts on the relative situation of France, Britain, and America, as 
commercial and maritime nations. 

The power of France having reached a height that leaves her nothing 
to wish or to fear from the continental sovereignties of Europe, she 
might be considered as invulnerable if she could either divide the 
empire of the sea, or place it in so many hands as to command, by her 
influence, or the advantages of her commerce, such a portion of it as 
would, with her own maritime exertion, reduce her rival to terms of 
equalit3\ 

It is certain that, for the last century, she has not been able to effect 
this; although she has generally had the aid of Spain, and sometimes 
that of Holland. Spain and Holland are diminishing in naval impor- 
tance. Holland, b}^ the shallowness of her harbors, which do not, with- 
out great difficulty, admit ships of the great size w^hich are everj'^ day 
found more necessary in l)attle; by the ruin of her colonies; b}^ the 
cession of the island of Cejdon; b}?^ the derangement of the affairs of 
her commercial companies; and, above all, by the great comparative 
advantages enjoyed by Britain in the East Indies: add to these cir- 
cumstances the loss of seamen which she has sustained b}^ the war, and 
the disaffection which has led many of them into foreign service, 
together with the accumulated debt of the nation, and it will appear 
that little aid can be expected from her in case of a maritime war. It 
must, at least, be doubtful, if she quits that system of neutrality so 
congenial to her own situation, whether she will take part with Britain 
or France. The neighborhood and force of France must, indeed, make 
her tremble for her possessions in Europe; but still she may find 
resources against them in the aid of the neighboring nations. But 
where is she to look for support against the power of Britain, who, 
in the very commencement of a war, will strip her of every foreign 
possession, and cut off all her resources? 

Spain is much in the same situation; her wealth and credit depend 
upon her colonies. One of the most valuable of these (part of His- 
paniola) has been ceded to France; and the possession of Trinidad, 



72 PURCHASE OF THE TERRITORY OF LOUISIANA. 

which the great capital of England will soon render \ er}^ important, 
will afford her such a point of support, in America, as must render 
the situation of the remaining islands very precarious, and always 
keep Spain in pain for her colonies; this will lead her to seek for 
safety, as far as possiljle, in neutrality. But at all events, the mari- 
time power of Spain must diminish by the circumstances 1 have men- 
tioned, and by the illicit trade which the possession of the Mosquito 
shore, the bay of Honduras, and the island of Trinidad, will enable 
the British to carry on in spite of the vigilance of Spain — a vigilance, 
too, which will be, in some sort, relaxed from the apprehension of 
provoking a war by too much rigor. 

The naval power of Britain has, on the other hand, acquired an 
immense accession, during the last war, by that maritime superiorit}^ 
which gave protection to her commerce in every part of the world; b}^ 
her conquests in the East Indies; and by the cession of Trinidad. 
But, besides the extent of her colonies; she has, in her peculiar posi- 
tion, an advantage unattainable by France. The fuel for all the great 
cities of England and Scotland is coal. Not less than three thousand 
and six hundred ships enter the port of London yearlj^, charged with 
this article alone. This, together with similar exports to other cities, 
and the situation of the capitals of England and Ireland, is a great 
nursery for seamen, which France wants; and makes a coasting trade, 
which is more than four-fold of all the coasting trade of France taken 
together, and is not less than the whole colonial trade of Britain, 
including the East Indies. It also has this peculiar advantiige, that, in 
time of war, all the seamen employed in this commerce ma}" be engaged 
in the navy with very little inconvenience, only l)y permitting (which 
is not done in peace) the coal to ])e brought to London by inland 
navigation. 

It becomes, then, a serious question with France, how she is to 
counterbalance the advantages enjo^^ed b}" her rival. Shall she estab- 
lish foreign colonies? 

Unless she has a naval force capable of protecting them, these col- 
onies must soon change their masters; and the whole expense emploj-^ed 
in their support redound to the benefit of her rival. But admit that 
they (^ould be secured by land forces. How trifling will all the sea- 
men afforded by the commerce of those colonies be, compared to the 
number produced b}' the colonies of Britain in the ICast and West 
Indies, America, Africa, and the Southern Ocean. But supposing 
them equal, still the seamen Britain derives from her coasting trade 
alone more than equal those drawn from all these sources. 

Will France create a marine b}'^ becoming the carrier of other 
nations? This is impossible. Except Britain, there is no nation in 
Europe which can not navigate their ships as cheap as France. The 
materials for shipbuilding, and more especially naval stores and pro- 



PURCHASE OF THE TERRITORY OF LOUISIANA. 73 

visions, are dearer in France than in the Northern States, and labor is 
equally high. 

Will she be her own carrier? If she will it must be by restrictions 
on the trade of other nations, who will certainly not submit to them 
without imposing similar restrictions on France. Suppose, for instance, 
nhe should say (as indeed she has said) that tobacco brought to France 
in foreign vessels shall pay an extra dut3\ How easy will it be for 
the country which gi'ows to])acco to say that that article, exported in 
French ships, shall pay a similar duty'^ And what will be the end of 
this commercial warfare, but that every nation shall carr^' its own pro- 
duce, and let their ships return home empty, if the partial duties are 
high? Thus, if France imposes a high duty on tobacco, and America 
a high duty on wines and other articles of France in foreign bottoms, 
the tobacco must be ))rought in French ships, and charged with a double 
expense of freight, because they can carry out no cargo to pa}^ the 
expense and insurance of the ships on their outward-bound voyage. 
Of course, this expense must fall on the consumer of tobacco; and for 
what? Why, in order that ten French seamen may be employed rather 
than ten foreigners. A ship of three hundred tons must make, in 
order to clear herself, seventy thousand francs a year. The whole of 
this, with insurance out and home, must be charged on the tobacco 
imported, in the case I mention; whereas only the one-half would be 
paid if she could take out a cargo. Thus, then, the consumer of 
tol)acco in France, pays, annually, to the maintenance of ten seamen, 
thirty live thousand francs, or three thousand live hundred for every 
seaman; and this, too, without being of the smallest advantage to that 
class of people whose wages are not thereby at all increased. This is 
purchasing sailors at such a rate as I believe no nation in the world would 
ever long submit to. But should the same reasoning be applied to the 
manufactures and wines of France, and she, by attempting to be her own 
carrier, charge them with a double freight, it must necessarily follow that, 
with respect to every article which other nations can supply, she would 
soon lose the carriage by losing the sale; for if a foreign ship can carry 
out a cargo to Lisbon, and take back one from thence, charged with no 
extra duty, the wine and oil of Lisbon will be preferred, though of 
inferior quality, to those of France. Thus, whatever she gives to her 
seamen by discouraging a free trade, she takes from her agriculture 
and manufactures: and yet her agriculture and manufactures can alone 
form the basis of her commerce. In time of war, unless this operation 
can really create a naval power, sufficient to protect her commerce, (of 
which there is not the smallest prospect,) foreigners having been 
driven from her ports by this operation, she must cease to trade alto- 
gether. Thus the sources of her wealth will be cut off at the moment 
she most needs them. 

What, the* is to be done? Is France to abandon her colonies as 



74 PUKCHASE OF THE TERRITORY OF LOUISIANA. 

weak points in her system, which she can not maintain 'l Is she to 
suffer a t3^ranny to be established upon the ocean, which shall forever 
hold her in check? Is she to allow such an accumulation of wealth as 
will forever enable her rival to interfere in the affairs of the Conti- 
nent and provoke new combinations against her^ I answer these 
questions \i'^ returning to my first position. 

She must place the empire of the sea in more hands, without attempt- 
ing to grasp it alone. She must make it the interest of those who aid 
her in the attainment of a considerable portion of it to maintain her 
superiority. s Spain and Holland are not to be neglected; though, as I 
have stated, they will, in the situation in which their colonies are now 
placed, incline to neutrality; and if otherwise, their aid would be 
insufficient during a war. The United States have physical advan- 
tages which, like those of Britain, must necessarily lead them to be a 
considerable maritime nation. The mass of their population lies 
upon the ocean, and upon large rivers that are navigable for sea ves- 
sels to the inte'-'ior of the country, which is generally rough and hilly 
between the rivers. Hence it happens that there is little land carriage 
in America. If merchandises are to be transported from one State to 
another, it is by water; and that not solely by rivers or canals, but h^ 
descending one river, passing out into the ocean, and ascending another. 
This circumstance, together with the variance between the productions 
of the Southern and Northern States, which promotes much inter- 
course, must give to them a nursery of seamen in their coasting trade, 
equal to that which Britain enjoys in her coal trade: to which a grow- 
ing coal trade, from mines found in the banks of the James river, and 
in other places, will be added, when wood diminishes, or when the 
policy of the country shall charge the importation of British coal 
with heavier duties. Our large cities consume, even now, ver}^ consid- 
erable quantities of this article. The advantage also that the United 
States enjoy in the cheapness of the articles for building, and, above 
all, for victualling their ships, more than counterbalances the high 
price given to their seamen. Their situation relative to the cod and 
whale fisheries also calls numbers to a maritime life. 

The islands, to whomsoever they may belong, from the various 
incidents to which they are liable, and the difficulty of supplying them 
from Europe, must receive their provision and timber from the United 
States; and, if they choose, they can compel them to receive only in 
American bottoms. Were the Powers of Europe, therefore, to lay 
the severest restrictions on her commerce, the United States would 
still be a very important commercial nation. 

But who is interested in preventing their rapid rise to the height to 
which their position and their destinies lead them!; No nation upon 
earth; unless Britain should one da}^ fear them more as rivals than she 
will value them as customers. While thev confine themselves to the 



PURCHASE OF THE TERRITORY OF LOUISIANA. 75 

production of raw material}^, they must prove the best market for 
such nations as can afford them manufactures, wine, oil, and fruit, in 
return. Weak, indeed, would that nation be who should treat them 
with neglect, or drive them, l:»y ill-judged laws, from their harbors. 
Britain is so sensible of this, that she has never attempted to prevent, 
by partial duties, the American vessels from carrying their own prod- 
uce to them, or their fabrics l)ack in return. She well knows that 
every such measure would have a tendency to drive them from her 
harbors, to which she so much wishes to invite them, that she even 
grants them a right, l)y treaty, to enter all her ports in the East 
Indies. 

While Britain refuses to naturalize American ships she never will 
be able to navigate (])ecause she can not build, tit, or victual) her ships 
so cheap as those of America. It must follow, therefore, that the 
trade of Britain to and from the United States will be chiefly carried 
on by American ships; and, as her articles are very bulky, a great 
number will be employed. There exists, indeed, at this moment a 
circumstance which will give them considerable advantages, unless 
France should instantly step in and prevent its operation. 

The advanced price of living in Britain, owing to the debt con- 
tracted by the war, has naturally raised the price of labor; while the 
peace, which gives more activity to her commerce, will make this 
operate upon seamen's wages, and thus give some check to her carry- 
ing trade. On the other hand, this diminution of the trade of the 
United States will throw at least twent3^-five thousand seamen out of 
emplo3^ These will, from their habits and manners, naturally pass 
into the service of Britain, and thus enable her to keep down wages 
and maintain her advantages. 

It is obvious that it is much the interest of France to prevent this; 
and more particularly when it is considered that all these men are 
skillful mariners, and many of them experienced fishermen; who may 
transplant the whale fishery to Britain, and thus add a new source to 
her naval power. The efforts of France to establish a fishery will be 
of little avail against this; nor will it ever be found practicable to 
render this a flourishing l)ranch of business, except bj' the aid of 
American fishermen; and even then by a charge upon a material useful 
in their manufactures more than equivalent to the value of the 
fisher3\ 

I shall be asked how long it will take to make the United States a 
naval Power equal to Great Britain ? I answer, that a country which 
possesses timber, naval stores, provisions, and men accustomed, by an 
active commerce, to a sea life; a countr}'^ whose credit is unblemished, 
and who has no debt but what she can instantly discharge; is certainly 
so far equal as her mimbers are equal to one who has no advantages 
over her in an}' of these circumstances, and is inferior in others. It 



76 PURCHASE OF THE TEERITORY OF LOUISIANA. 

will be allowed, too, that, according to every rational probability, their 
numbers will be equal to those of the British isles in twenty years, and 
their wealth not inferior. But it is by no means necessary to carry 
the navy of America to the extent of that of Britain, in order to ren- 
der her a useful ally, or a respectable enemy. The trade of Britain 
with her islands, and the Indies, must approach the coast of America. 
Her privateers could, even without protection from a navy, destro}^ a 
great proportion of this. With a navy of thirty ships of the line, and 
a proportionate number of frigates, which need never be more than 
one week's sail from their own shores, such protection would be given 
to smaller vessels as would enable them to capture a great part of their 
trade, unless protected by large fleets. For this purpose one-half of 
the British navy nuist be kept at a vast expense, at a great distance 
from home, and in an unhealthy climate; while all the expenditures of 
the American navy would be made in their own ports. It will cer- 
tainly admit of little doubt, that a nation who has no frontier to defend, 
who has six hundred thousand armed men at home, and who has no 
debts, need only Avill it to have a fleet of the size I mention. And it 
is very certain that such a fleet by acting alwa3^s together, would com- 
pel any European nation greatly to Aveaken her naval force in her own 
seas. No convoy could be less than the whole of the American fleet; 
nor could a smaller force be left in the islands; so that thirty ships 
in America, would demand for convoys, out and in, and the stations 
in the islands, not less than ninety ships of equal force. What power 
could Britain oppose to this force, combined with an equal number of 
French ships, with tiie advantage of all the harbors of the United 
States? What refuge would she have against storms and accidental 
separation when on the coast of America? And how, under these dis- 
advantages, would she maintain her superiority in Europe? I infer, 
from this reasoning, that it is the true interest of France to promote 
the commerce and maritime force of America; and, at the same 
time, to interest her in the extension of the comnierce of France? I 
do not mean to sa}^ that this force will always operate directly in favor 
of France. This will depend upon a variety of political circumstances 
that can not be foreseen or controlled. The first interest of America 
will doubtless lead her to a state of neutrality. But such has always 
been the overbearing spirit of Britain at sea, that it is highly probable 
occurrences will arise, which may compel America, when she feels her 
strength, to enter into a war to preserve her conunercial rights from 
violation. But should she maintain her neutrality, she will indirectly 
serve France if the plan I suggest is adopted: 

1st. By carrying on her commerce for her during a war; 2d, By 
emplo3nng a great number of seamen who would otherwise go 
into the service of Britain; 3d. By seizing upon many branches of 
trade from which Britain derives her wealth, and which, when once 



PURCHASE OF THE TERRITORY OF LOUISIANA. 77 

diverted, may never return. But my plan embraces not only an 
extension of the American maritime force, but that of France, by an 
easy and natural operation, without imposing a bui'den upon, but in 
fact giving- the highest encouragement to, her manufactures and agri- 
culture. It consists in a treaty of commerce which shall put the trade 
and shipping of })oth countries on the most perfect equality. That is 
to sa}^, the ships of France shall be admitted into the ports of America, 
paying a duty of six per cent, ad valorem only on all articles, and the 
same tonnage diity as the American ships pay. The American ships 
shall be admitted into all the ports of France and her colonies upon 
the same terms, provided that they should never carry to the colonies 
an3^thing but the produce of their own country or of France; that the 
colonial products in American ships should be subject to ever}- regu- 
lation as to their being landed in France, as they are in French ships. 
The first advantage of this treaty would be, if immediately entered 
into, the saving to America of twenty-five thousand seamen, who will, 
without this encouragement go into the British service; and thus increase 
not onl}^ her relative but her actual force: 2d. The sale of a num- 
ber of her ships to France, which will now become a dead capital 
in her hands: 3d. The preserving to the United States their fivsh- 
eries, which may be otherwise greatly afiected by the removal of their 
seamen to Britain. In these objects France has a mutual advantage; 
and I will venture to say, that she never acts more inconsistently with 
her own interest, or more conformably with that of Britain, than when, 
under the idea of raising a fishery at home, while she has not seamen or 
shipping for her other branches of commerce, she endeavors to dis- 
courage the fisheries of America, which, from a variety of physical 
causes, can alone keep them from falling into the hands of the English. 
France should bear in mind, that, were her colonies as extensive as 
those of Britain; were her trade in Europe and America equal to hers; 
yet, from the reasons I have mentioned, arising from the geographical 
and physical situation of England and Ireland, she would not possess 
more than two-thirds of the number of seamen, these circumstances 
alone producing nearly as many as all the other trade of Britain. 
France can only increase her relative strength by diminishing that of 
her rival, and keeping her from drawing from other sources new means 
of power. 

- France may inj.ure, and perhaps ruin, the whale fishery in America; 
but England only will profit by it. The first war will break up her 
establishments; and the Americans in her service will return with 
their wealth into their own country. 

The interest that France will have in this treaty will be much more 
extensive: 1st, The raising up a new marine Power; 2d, Giving that 
Power such an interest in her prosperity, as must not onl}^ keep it 
from being inimical to, but, on the contrary, frequently connected 



78 PURCHASE OF THE TERRITORY OF LOUISIANA. 

with her in hostile operations; 8d, The transfer of ships to France; 
4th, The increase of French seamen: for, as the wages of seamen 
are lower in France than in America, and must continue to be so, 
on account of the demand for men in a new country, while, on the 
other hand, ships, and the provisions for their outfit, are cheaper in 
America, French merchants, by fitting- many of these vessels, and 
navigating them with French seamen, will be able to sail cheaper than 
the Americans themselves, and thus increase the number of their sea- 
men. These seamen in case, of a war, will be drawn into the navy; 
while their places will be supplied, during the war, at somewhat more 
expense, by Americans, without injuring their commerce. In the 
cod fishery, France will derive clear and obvious advantages from the 
American ports for her outfits, &c. 

But even these advantages will l)e inferior to that derived from the 
increase of the commerce of exchange, by that removal of restrictions; 
an operation which, I will A^enture to say, will at least double the 
whole conmierce and number of seamen employed by France, and 
quadruple it with respect to her navigation with America. It should 
also be considered that tliis works doubly in favor of France, 1st, 
So far as it is a direct advantage to her maritime power; 2nd, So 
far as it .subtracts from the navigation of England. 

The benefits that will result to the manufactures of France from 
this operation are incalculable: 1st, The raw materials will be pur- 
chased on easy terms to the manufacturer; 2nd, The intercourse 
that this system will establish between the two nations will make their 
fabrics known, and render them fashionable in America; will draw off 
their custom from England, whose fabrics will continue to be charged 
with a heavy duty, unless, receding from her navigation act, she pur- 
chases an exemption. 

Useful as this act may have been in its commencement, when the 
Dutch were the general carriers and rivals of Britain, and while 
the nations of Europe were ignorant of conuuercial principles, very 
enlightened statesmen now see many inconveniences in it to the gen- 
oral commerce of England; nor is there an3^thing necessary to its 
entire overthrow, but for other nations to pass similar laws, so far as 
respect Britain, while their trade is put upon a lil^eral footing with 
regard to other nations. This, b}^ promoting their own commerce of 
exchange, while that of Britain is restricted, will place her flag under 
such disadvantages, that her own merchants will seek a foreign bottom 
\\h(n they have an operation that requires a circuitous voyage. This 
nuist ultimately, in spite of all her prejudices, compel her to repeal 
this selfish law, after having some time suffered under it. But while 
the navigation act exists in Britain, it will, under the circumstances of 
I ho treaty I suggest, operate as a bounty on the navigation and fabrics of 
France; because it is obvious that the freight and charge on any spe- 



PUECHASE OF THE TERRITORY OF LOUISIANA. 79 

citic article carried in a ship that may make a circuitous voyage, is 
much less than they would be if part of the v^oyage was made in bal- 
last. Thus, a French ship carr^^ing a cargo of wine to America, tak- 
ing in a load of tobacco, and returning from thence to Bordeaux, 
could take the wine on a much smaller freight than if the duties 
imposed in America on the importation of wine in a French ship 
should be equivalent to the duties upon tobacco imported in an Ameri- 
can ship into France; because, in that case, the French ship would 
go out empt}" for the tobacco, and the American ship empty for the 
wine; and the double freight and insurance must be charged on each 
of these articles. It should alwa3"s be remembered, that whatever 
is saved in freight is a bounty upon agriculture and manufactures. 
But even this is a small advantage compared to that derived from the 
increase of adventures that will be occasioned by the very circumstance 
of freight for the whole outward and homeward voyage, and the con- 
sequent consumption of the commodities of the country that encour- 
ages it. 

In this plan, Spain, (under some restrictions with regard to South 
America,) the Italian States, and any others who should incline to 
engage in it, should be associated; without, however, delaying the 
project between France and the United States, lest they should lose, 
and Britain acquire, at this critical moment, that great body of sea- 
men, who will, by the peace, be thrown out of employment. 

Were France to declare her determination to support this liberal 
system, such is her advantage in point of product and manufactures, 
that she could not fail to command the greatest foreign commerce of 
any nation in the world. 

The wealth arising from this source would be unboimded. But 
while her great capital is in the center of the Republic, she never can 
have an extensive coasting trade; and she can only make up this defi- 
ciency, in a contest with Britain, by the increase of her wealth and 
credit; b}^ nursing up new maritime nations; by which, if she adds 
little to her positive power, she adds nuich to her relative strength, in 
diminishing that of her rival. 

To cite a single instance: America can build and victual her whaling 
vessels much cheaper than either France or P^ngland, and of course 
afford oil cheaper; but if France excludes American oil from her 
market, she throws such a discouragement upon this fishery as will 
compel the whalers to seek another place of residence. In this case, 
though a few may be invited to France, the great bulk of them will 
go to England: First, because of their language, religion, and habits; 
and next, because they know that a war will ruin their establishments 
in France, and thus it will encourage those of Britain. The very com- 
panies established in France, at great national expense, will receive 
their oil at sea from English fishermen. Thus fifteen thousand men 



80 PUECHASE OF THE TERRITORY OF LOUISIANA. 

will be thrown into the scale of Britain, to support one thousand in the 
vain attempt to establish a fishery in France. This, however, is a 
small part of the loss. By the encouragement which France might 
give to the fisheries of the United States, she could destroy those of 
Britain; and, as the French ships that brought oil, or the American 
that brought French goods, would not go or return empty, a greater 
market would l)e created for French wines, brandies, &c. Let the 
loss upon this be calcidated. The additional expense upon the first 
price to the inhabitants of France, and the countries given, they will 
find that they purchase their oil at a ruinous rate. 

Let the difference between fifteen thousand men, added to those 
employed in the British fishery, and eight thousand taken from them 
by the eiu'ouragement given to the American fishery b}^ France, mak- 
ing together the loss or gain of twenty-three thousand to Britain, be 
put in the scale with the comparatively few fishermen France can make, 
and she will form a fail- estimate of the attempt, considering her as a 
rival power to Britain. 

Great as are the advantages proposed by this system to the com- 
merce and navigation of France, they are small compared to those 
which she will derive from having opened a way to the establishment 
of free and liberal principles, that can not fail to give room for the 
exertion of those talents and that industry for which her citizens are 
distinguished. Every nation, except one, will eagerl}' emiirace them; 
and their mutual interest will lead them to protect them against the 
power of any maritime despot. The advantage that the Acssels of this 
association ^ould have over all others, could not fail to produce such 
a revolution in the principles and practice of commerce and naviga- 
tion as would be highly interesting to humanity, honorable to the 
nations who should first adopt the system, and not unworthy of the 
enlarged views of that distinguished statesman to whom Europe is 
already so much indebted, and who, alone, has sufficient power to 
carry it into effect. 



[Extract.] 



Mr. Madison, Secretary of State, to Mr. C. Pincxney, American Minister 

at Madrid. 

Department of State, January 18, 1803. 

[After informing Mr. Pinckney, as well as Mr. Livingston, of the 
reasons which had induced the mission of Mr. Monroe, the letter pro- 
ceeds as follows:] 

The President has been careful, on this occasion, to guard effectually 
against any misconstruction in I'elation to j^ourself, b}' expressing, in 
his Message to the Senate, his undiminished confidence in the ordinary 



PURCHASE OF THE TERRITORY OF LOUISIANA. 81 

representation of the United States, and by referring tlie advantages 
of the additional mission to considerations perfectly consistent there- 
with. 

Mr. Monroe will be the bearer of instructions under which you are 
to negotiate. The object of them will be, to procure a cession of New 
Orleans and the Floridas to the United States, and consequently, the 
establishment of the Mississippi as the boundary between the United 
States and Louisiana. In order to draw the French Government into 
the measure, a sum of money will make part of our propositions; to 
which will 1)6 added such regulations of the commerce of that river, 
and of the others entering the Gulf of Mexico, as ought to be satisfac- 
tory to France. From a letter received by the President from a 
respectable person, it is inferred, with probability, that the French 
Government is not averse to treat on those grounds; and such a dispo- 
sition must be strengthened by circumstances of the present moment. 

Though it is pro))able that this mission will be completed at Paris, 
if its objects are at all attainable, yet it was necessary to apprize you 
thus far of what is contemplated, both for your own satisfaction, and 
that you may be prepared to co-operate on the occasion, as circum- 
stances may demand. Mr. Monroe will not be able to sail for two 
weeks. 



Robert R. Livingston, Minister to France, to James Madison, Secretary 

of State. 

Paris, January '^Jt,^ 1803. 
Sir: 1 have just now heard of an opportunity from Havie. I am 
doubtful whether my letter will arrive in time for it. 1 therefore 
confine myself to inform you that General Bernadotte is named Minister 
to the United States, in the place of Otto, who will be employed here. 
General Bernadotte is brother-in-law to Joseph Bonaparte, is a very 
respectable man, and has the character of a decided republican. I 
have endeavored to impress upon him the necessity of making some 
arrangements relative to the debt previous to his departure, which he 
has much at heart. But neither he nor anybody else can influence the 
councils of the First Consul. You can hardly conceive anything more 
timid than all about Ijim are; they dare not be known to have a senti- 
ment of their own, or to have expressed one to anyljod}'. But I must 
defer writing to you more at large on this subject, as well as a full 
communication of a very delicate step that I have hazarded, which 
promised success for some time, "but from which I, at present, hope for 
no important result. The Minister informs me that the expedition to 
Louisiana will sail shortly. General Bernadotte will go in about three 
weeks. He will have full powers to settle everything. I asked the 
Minister, what confidence you can have in any new offer to treat, when 
H. Doc. 431 6 



82 PURCHASE OF THE TERRITORY OF LOUISIANA. 

the last treat}^ is unexecuted; and if he had not better send out Gen- 
eral Bernadotte with a treaty in his hand, than only with powers that 
will be suspected; and how he can make arrangements upon the debts, 
which must depend upon the Legislature? He answers this by saying, 
they want information as to right of deposit, &c. As to the debt, I 
have no hope that they have any intention to pay it, or even to fund 
it. From the disposition which I know to be entertained by some that 
go out with Victor, I have no doubt that they will provoke an Indian 
war, by paying them nothing; and that, in their solicitude to acquire 
wealth, they will act over again the tyranny of St. Domingo. It will 
be necessary, therefore, to take the position that will best guard you 
against the effects of these evils. As to myself, I am left wholly with- 
out any precise instruction how to act, or what to offer. Enclosed are 
two memoirs lately sent in, with as little effect as those that have gone 
before them; though I have reason to think that the Minister wishes 
well to my project for Louisiana, but the First Consul is immovable. I 
confess to you I see very little use for a Minister here, where there is 
but one will; and that will governed by no object but personal security 
and personal ambition: were it left to my discretion, I should bring 
matters to some positive issue, or leave them, which would be the only 
means of bringing them to an issue. 
I am, &c. , 



Robert R. Livingston. 



Hon. James Madison, &c. 



Mr. Livingston to . 

No. 4.] December 24, 1802.« 

Sik: I can not but feel the utmost anxiety to know whether my 
project, which you had the goodness to submit to the inspection of 
the First Consul, is likely to meet with his concurrence. Upon ordi- 
nary occasions I should consider the delay of a few weeks as of little 
moment; but there are circumstances which render every day impor- 
tant in what relates to the United States and France. In the twelve 
months that I have been here, I have not been so happy as to receive 
a conclusive answer to any one business that I have had to transact 
with the Minister. Congress are now in session; they will infer from 
every paper submitted to them by the President, that the French 
Government are disposed to show them but little attention. The 
obscurity that covers the designs of France in Louisiana (for not the 
least light can I, officially, obtain on the subject) will double their 
apprehensions; this, added to the clamors of ruined creditors, and the 
extreme severity with which some of their citizens have been treated 

«It does not appear with certainty by what dispatch this memoir was communicated. 



PURCHASE OF THE TERRITORY OF LOUISIANA. 83 

in St. Doiniiij^"o, und the extraordinary decisions of the Council of 
Prizes, &c., will leave a fair field for the intrigues of the enemies of 
France, and even enlist the best patriots of America on their side. 
At this moment Britain comes forward and pays, with the most scrupu- 
lous attention, every demand, and proposes to settle her Southwestern 
line with the United States. In doing this, she is anxious to come 
down to a navigable part of the Mississippi, so as to communicate 
with Canada ])y that channel. It is o))vious that sIk? can have no inter- 
est in this, but such as looks to the future possession of the mouth of 
that river; a project that she would naturally form the moment she 
saw Louisiana pass into the hands of her rival. ] am sorry to say it is 
one that she will find no difliculty in executing, unless prevented by the 
United States; for France is too far to protect a young Colony from 
an established one, and the numerous savages, provincial troops, and 
others, that Canada will afiord. While the conduct of France speaks 
a language so painful to the feelings of the American Government, 
there is too nuich reason to believe that there will be little solicitude 
in so forming their limits as to cover her possessions. I am anxious, 
sir, to know our [)rospects. Jf the}^ should be such as I flatter myself 
the nuitual interests of France and the United States would lead to, I 
would wish to have it in my power to arrest in Mr. King's hands any 
conclusion on the subject of our Western bounds. In case my project 
should be honored with the approbation of the First Consul, it will be 
essential to the security of the possessions of France and the peace of 
that country, to remove the British boundary as high up the river a^ 
possible, so as to prevent any communication with Canada, ])y the 
rivers that fall on the one side into the lakes, and, on the other, into the 
Mississippi. If this business is obstructed only l)y the non-conclusion 
of the treaty with Spain for the Floridas, one may still go between us 
for New Orleans and the territory above the Arkansas river, with a 
condition annexed, in case the treat}^ with the Floridas should succeed 
agreeabl}^ to the wishes of France. Should the treaty with Spain fall 
through, every reason of policy should induce France, either to relin- 
quish her designs on Louisiana altogether, or to cover her frontier by 
a cession to the United States; since, without a single port in the 
Gulf, it will be impossi))le to protect their Colony; and all the expense 
incurred ])y the attempt will ultimately redound to the advantage of 
Britain, who will not fail to attack them with advantage both by sea 
and land. 

The treatj^ I propose might also form a basis for the immediate dis- 
charge of the debts due to our citizens; in the doing of which, advan- 
tageous arrangements may be made, and, at the same time, the funds of 
France be considerably raised: provided such secrecy is observed in 
the whole of this transaction as will prevent the debts being the object 
of speculation. I know, sir, a distinction has been taken between 



84 PURCHASE OF THE TEKKITORY OF LOUISIANA. 

debts due from the former Government and that which now happily 
prevails in France. But, .sir, if this distinction is just, it does not 
apply to the demands of the United States. They are specifically 
assumed ]jy the new Government, when they made the object of the 
treaty, and an equivalent has already been paid the present Govern- 
ment by that of the United States; so that they stand upon a different 
ground from that of the debts of other nations having- demands on 
France; and they not onl3diave to plead their justice, and the circum- 
stance under which they were contracted, l)ut the pledged faith of 
the existing Government. 

I can not, sir, but be solicitous to know that what I have hitherto 
taken the liberty to write to you has passed into no hands but those of 
the First Consul, or some other member of your own family, as I fear my 
communications out of the ordinary channel might be ill taken where 
I am solicitous to stand well. 

I have the honor to be, sir, with the most profound consideration, 

your most obedient servant, 

R. R. LiviN(;sTON. 



Beport of committee to whom was referred a resolution providing for an 
additional appropriation of two million^; of dollars for the purpose of 
intercourse with foreign nations. 

January 12, 1803. 
The object of this resolution .s to enable the Executive to commence, 
with more effect, a negotiation with the French and Spanish Govern- 
ments relative to the purchase from them of the island of New Orleans, 
and the provinces of East and West Florida. This o})ject is deemed 
highly important and has received the attentive consideration of the 
committee. The free and unmolested navigation of the river Missis- 
sippi is a point to which the attention of the General (Tovernment has 
been directed, ever since the peace of 1788, by which our independence 
as a nation was finally acknowledged. The immense tract of country 
owned by the United States, which lies immediately on the Mississippi, 
or connuunicates with it by means of large navigable rivers rising 
within our l)oundaries, renders its free navigation an object, not only 
of inestimable advantage, but of the very first necessity. The Missis- 
sissipi forms the western ])oimdary of the United States, from its 
source to the thirty-first degree of north latitude, and empties itself 
into the Gulf of Mexico, about the twenty-ninth degree of north lati- 
tude. It furnishes the only outlet through which the produce of the 
Indiana Territory, the States of Ohio, Kentucky and Tennessee, and of 
the western parts of Pennsylvania and Virginia, and a portion of the 
Mississippi Territory, can be transported to a foreign market, or to 
ports of the Atlantic States. From the thirty-first degree of north lati- 
tude, which is the southern boundary of the United States, to the mouth 



PURCHASE OF THE TEKRITOEY OF LOUISIANA. 85 

of the river, the territory on each side has heretofore been in possession 
of the Spanish Governnient; the province of Louisiana lying to the 
West, and those of East Florida, with the island of New Orleans, to the 
East. 

Although the United States have insisted on an uncontrollable right 
to pass up and down the river, from its source to the sea, yet this 
right, if admitted in its most ample latitude, will not secure to them 
the full advantages of navigation. The strength and rapidity of the 
current of the Mississippi are known to render ascent so extremel}^ 
difficult, that few vessels of burden have attempted to go as far as our 
boundar3\ This circumstance obliges the citizens of the Western 
country to carry their produce down the river in boats, from which it 
is put on l)oard ships capable of sustaining a sea voyage. It follows, 
therefore, that to enjoy the full benefits of navigation, some place 
should be fixed which sea vessels can approach without great incon- 
venience, where the American produce ma}^ be deposited until it is 
again shipped to l)e carried abroad. This great point was secured to 
us in the year 1795, b}^ the Spanish Government, who agreed, in the 
Treaty of San Lorenzo el Real, that Americans should have the right 
of deposit at Ncav Orleans. This right has been used from that time 
till a late period; l)ut the conduct of the Intendant at that place shows 
low liable the advantageous navigation of the river is to interruption, 
ind strongly points out the impolicy of relying on a foreign nation for 
benefits, which our citizens have a right to expect should be secured 
to them b}' their own Government. It is hoped that the port of New 
Orleans ma}" again be opened before any very material injuries arise; 
but should this be the case, or if, as the treat}' provides, a new place 
of deposit should be assigned, the late occurrence shows the uncer- 
tainty of its continuance. Experience proves that the caprice or the 
interested views of a single officer may perpetually subject us to the 
alternative of submitting to injury, or of resorting to war. 

The late violation of our treaty with Spain necessarily leads to the 
inquir}', how far the Western country may })e afl^ected in other points, 
not connected with New Orleans^ The Mississippi Territory extends 
from the confines of Georgia to the river Mississippi, and from the 
thirty-first to the thirty-fifth degree of north latitude. It is estimated 
to contain more than fifty millions of acres, and, from its numerous 
advantages, nuist one day or other possess an immense population. 
The variet}", richness, and abundance of its productions, hold out to 
settlers the strongest inducements to resort thither, and the United 
States may safely calculate on drawing a considerable revenue from 
the sale of lands in this, as well as in other quarters of the Western 
country. The value of these, however, may be diminished or increased, 
and the sale impeded or advanced by the impression made on the 



8(3 PUECHASE OF THE TERKITOKY OF LOUISIANA. 

public mind, In^ .shutting the port of New Orleans, and by eventual 
measures which may be adopted to guard against similar injuries. 

West Florida is ])ounded on the north by the Mississippi Territory, 
from which it is separated by no natural l)oundary; on the east b} the 
river Apalachicola, which divides it from East Florida; on the west by 
the river Mississippi, and on the south by the Gulf of Mexico. The 
Mississippi Territory is intersected I)}' many large and valuable rivers, 
which rise within its own boundaries, and meander through it in a 
general direction from north to south, l)ut empt}^ themselves into the 
Gvdf of Mexico through the province of West Florida. In fact, with 
the exception of that part of the Territory which lies immediately on 
the Mississippi, the whole must depend on the Mobile and the Apa- 
lachicola, with their numerous branches, and on some other rivers of 
inferior note, for the means of sending its produce to market, and of 
returning to itself such foreign supplies as the necessities or conven- 
ience of its inhabitants ma}^ require. In these rivers, too, the eastern 
parts of the State of Tennessee are deeply interested, as some of the 
great l)ran('hes of the Mobile approach very near to some of those 
branches of the Tennessee River, which lie above the great Muscle 
Shoals. Even if it should prove difficult to connect them, 3 et the land 
carriage will lie shorter, and the route to the sea more direct than the 
river Tennessee furnishes. These rivers possess, likewise, an advan- 
tage which is denied to the Mississippi. As their sources are not in 
the mountains, and their course is through a level country, their cur- 
rents are gentle, and the tide flows considerably above our boundar3\ 
This circumstance, together with the depth of water which man}^ of 
them afford, render them accessible to sea vessels, and ships of two 
hundred tons burden may ascend for several hundred miles into the 
heart of the Mississippi Territory. These rivers, however, which run 
almost exclusively within our own limits, and which it would seem as 
if nature had intended for our own benefit, we must be indebted to 
others for the beneficial use of, so long as the province of West Florida 
shall contiiuie in possession of a foreign nation. If the province of 
West Florida were itself an independent empire, it would be the 
interest of its Government to promote the freedom of trade, by laying 
open the mouths of the rivers to all nations; this having been the 
policy of those Powers who possess the mouths of the Rhine, the 
Danube, the Po, and the Tagus, with some others. But the system of 
colonization which has always heretofore prevailed, proves that the 
mother countr}^ is ever anxious to engross to itself the trade of its 
colonies, and aflords us every reason to apprehend that Spain will not 
readily admit us to pass through her territory to carry on a trade 
either with each other or with foreign nations. This right we may 
insist on, and perhaps it may be conceded to us; but it is possible 



PURCHASE OF THE TERRITORY OF LOUISIANA. 87 

that it may be denied. At all events, it may prove the source of end- 
less disagreement and perpetual hostility. 

In this respect East Florida ma}- not perhaps he so important, but 
its acquisition is nevertheless deemed desirable. From its junction 
with the State of Georgia, at the river St. Mar3^s, it stretches nearly 
four hundred miles into the sea, forming- a large peninsula, and has 
some very fine harbors. The southern point, Cape Florida, is not 
more than one hundred miles distant from the Havana, and the possession 
of it ma}' be beneficial to us in relation to our trade with the West 
Indies. It would likewise make our whole territory compact, would 
add considerably to our seacoast, and by giving us the Gulf of Mexico 
for our southern boundarj'^, would render us less liable to attack, in 
what is now deemed the most vulnerable part of the Union. 

From the aforegoing view of facts, it must be seen that the pos- 
session of New Orleans and the Floridas will not onl}- be required for 
the convenience of the United States, but will be demanded by their 
most imperious necessities. The Mississippi and its branches, with 
those other rivers above referred to, drain an extent of country', not 
less, perhaps, than one-half of our whole territor}', containing at this 
time one-eighth of our population and progressing with a rapidit}^ 
bevond the experience of any former time, or of any other nation. 
The Floridas and New Orleans command the only outlets to the sea, 
and our best interests require that we should get possession of them. 
This requisition, however, arises not from a disposition to increase our 
territory; for neither the Floridas nor New Orleans ofi'er any other 
inducements than their mere geographical relation to the United States. 
But if we look forward to the free use of the Mississippi, the Mobile, 
the Apalachicola, and the other rivers of the West, b}' ourselves and 
our posterity, New Orleans and the Floridas must become a part of 
the United States, either b}' purchase or b}^ conquest. 

The great question, then, which presents itself is, shall we at this time 
la}' the foundation for future peace by offering a fair and equivalent 
consideration; or shall we hereafter incur the hazards and the horrors 
of war? The Government of the United States is differently organized 
from any other in the world. Its object is the happiness of man; its 
policy and its interest, to pursue right by right means. War is the 
great scourge of the human race, and should never be resorted to but 
in cases of the most imperious necessity. A wise government will 
avoid it, when its views can be attained by peaceful measures. Princes 
fight for glory, and the blood and treasure of their subjects is the 
price they pay. In all nations the people bear the burden of war, and 
in the United States the people rule. Their Representatives are the 
guardians of their rights, and it is the duty of those Representatives 
to provide against any event which may, even at a distant day, involve 
the interest and the happiness of the nation. We may, indeed, have 



88 PUKCHASE OF THE TEERITORY OF LOUISIANA. 

our rights restored to us by treat}^, but there is a want of fortitude in 
applying- temporary remedies to permanent evils; there])y imposing on 
our posterity a burden which we ourselves ought to l)oar. If the pur- 
chase can be made, we ought not to hesitate. If the attempt shall fail, 
we shall have discharged an important dut}^. 

War may be the result, but the American nation, satisfied with our 
conduct, will be animated by one soul, and will unite all its energies in 
the contest. Foreign powers will be convinced that it is not a war of 
aggrandizement on our part, and will feel no unreasonable jealousies 
toward us. We shall have proved that our ol)ject was justice; it will 
be seen that our propositions were fair; and it will ))e acknowledged 
that our cause is honoi'able. Shoidd alliances be necessary they may 
be advantageously formed. We shall have merited, and shall there- 
fore possess, general confidence. Our measures will stand justified 
not only to ourselves and our country, but to the world. 

In another point of view, perhaps, it would be preferable to make 
the purchase, as it is l)elieved that a smaller sum would be required 
for this subject, than would necessarily be expended, if we should 
attempt to take possession b}- force; the expenses of a war l^eing, indeed, 
almost incalculable. The Committee have no information before them, 
to ascertain the amount for which the purchase can be made, but it is 
hoped that, with the assistance of two millions of dollars in hand, this 
will not be unreasonable. A similar course was pursued for the pur- 
pose of settling our differences with the Regency of Algiers, ])y an 
appropriation of one million of dollars, prior to the commencement of 
the negotiation, and we have since experienced its beneficial efl'ects. 



Mr. Livingston to the Minister of Exterior Relations. 

Sir: I have so often had occasion to mention to you the claims of 
American citizens upon the French Government, and, with so little 
effect, that I feel pain whenever I am compelled to touch upon that 
subject. But, sir, I never had reason to doubt, both from the tenor 
of your note, and conversations, that it would become a question 
whether these debts, just in themselves, and solemnly confirmed by a 
treaty, should l)ecome the subject of liquidation. The Board of 
Accounts accordingl}^ proceeded to liquidate and give certificates for 
about one-quarter of the whole amount. Upon the debt so liquidated 
the American merchant was enabled to raise the small sums necessary 
for his support, till arrangements were made (which they never per- 
mitted themselves to doul)t Avould l)e finally done) for their discharge. 
But, sir, even of this support the}^ are now deprived; for though the 
board has proceeded to liquidate more of their claims, the gentleman 
at the head of the Department refuses to give the usual certificates; 



PUECHASE OF THE TERRITORY OF LOUISIANA. 89 

under what pretense I am at loss to conceive. I am told he considers 
the treaty as applying to debts contracted during the present Govern- 
ment, when, in fact, no such debts existed at the time of the treaty, 
nor is there a word in the treaty which authorizes such construction; 
the whole treaty referring to matters that had passed, not only under 
the Government that had preceded the present, but under that which 
preceded the Revolution. Upon what other principle has the United 
States, with the strictest good faith, paid the debt contracted under 
Louis XVI, and those which the existing Government demanded under 
the late Convention for injuries sustained under the late Directors? 

It is time, sir, that matters should he brought to some issue; that 
the citizens of the United States and their Government should know 
how far the treat}' is l)inding upon France, and what construction 
ought to be given to it; for hitherto, it has only served as a means to 
surprise their good faith, and to involve both the Government and the 
people of the United States in fresh expenses. 

1 have the honor to renew to your excellency the assurances of my 
high consideration. 

R. R. LlVIN(iSTON. 



Robert E. Livingston, Minister Plenipotentiary of the United States of 
America, to the Minister of Exterior Relations. 

Paris, Jmimi/ry 10, 1803. 
Sir: 1 have just learned through a channel, which, though not offi- 
cial, is such as leaves me no doubt of its authenticity, that the Governor 
of New Orleans has denied the citizens of the United States a right of 
depot there, under the pretense that the provision for that purpose 
in the treaty has expired. You are not ignorant, sir, of the value that 
the Western inhal)itants of the United States place upon that right, 
nor of the spirit with which they will defend it; a spirit to which the 
Government nnist yield, even if they could themselves be indifferent 
to the object. It is peculiarly unhappy, sir, that this circumstance 
should have happened at the very moment that France is about to pos- 
sess that country; since, taken in connexion with the silence of the 
French Government, as to its intention, it will (1 very nuich fear) give 
room to jealous and suspicious persons to suppose that the Court of 
Spain has, in this instance, acted in concurrence with that of France; 
though, sir, 1 do too much justice to the integrity of France, to believe 
that she would approve of a breach of treaty and render their tirst 
entrance into our vicinit}' an act of hostility; yet it certainly is of a 
nature to call the inmiediate attention of France to the several matters 
which I had the honor to mention to you, the neglect of which has 
excited the liveliest sensation in the United States. I therefore avail 
myself of this opportunity and the permission you gave me to offer 



90 PURCHASE OF THE TERRITORY OF LOUISIANA. 

you the outline of a treaty that I presume will afford the most obvious 
benefits to France, and strengthen the connexion which every enlight- 
ened American wishes to subsist between her and the United States. 

Presuming that the Floridas are in the hands of France, and 
unless they are Louisiana can never be worth her possessing, because 
it affords no ports for its own protection, I shall predicate what I have 
to offer upon that presumption. 

France can have but three objects in the possession of Louisiana 
and Florida: the first is the command of the Gulf; second, the supply 
of her islands; third, an outlet for her people, if (which however 
appears to me a very distant expectation) her European population 
should be too great for her territory. The first of these will be 
effectually secured by the possession of West Florida, which includes 
the bay of St. Esprit and Pensacola, together with the town and har- 
bor of St. Augustine. There are no other ports of the smallest 
importance east of the Mississippi. The second will be better effected 
b}^ confining their establishment to some reasonable limits on the sea- 
coast, or within a moderate distance from it, than by scattering their 
capital and inhabitants over an extensive territory, which will have a 
tendenc}' to render them savage and independent, and compel France 
to keep up a very expensive establishment to protect them from the 
incursions of savages. 

This country must either be settled by foreigners, or by emigrants 
from France. In the first case, no nation in Europe can retain them 
in a state of dependence, because they^ will, when settled some hundred 
miles from the sea, be absolute!}^ inaccessible to their power. In the 
second, the emigration will be such a drain to the wealth and popula- 
tion of France as will inflict as deep a wound to her agriculture and 
manufactures as that felt by her on the revocation of the Edict of 
Nantes, or by Spain, on the expulsion of the Moors; and, after all, the 
day on which they will be independent will arrive whenever they 
shall have sufficient wealth and strength no longer to need her aid.^ 

Having treated this subject more at large in a paper which you have 
had the goodness to read, I will not dwell upon it here, but propose 
what it appears to ])e the true policy of France to adopt, as affecting- 
all her objects, and at the same time conciliating the affections of the 
United States, giving permanency to her esta))lishments, which she 
can in no other way hope for. First, let France cede to the United 
States so nuich of Louisiana as lays above the mouth of the river 
Arkansas. By this, a barrier will be placed between the colony of 
France and Canada, from which she may otherwise be attacked with 
the greatest facility, and driven out before she can derive any aid 
from Europe. Let her retain the country lying on the west of the 
Mississippi and below the Arkansas River — a country capable of sup- 
porting fifteen millions of inhabitants. By this, she will place a barrier 



PURCHASE OF THE TERRITORY OF LOUISIANA. 91 

between the United States and Mexico, if (which I hope will never be 
the case) the}^ should have the wild idea of carrying their arms into 
that country, and at the same time be at hand to protect the Spanish 
establishments against the ambitious views of any European Power. 
Let her possess East Florida as far as the river Perdido, with all the 
ports on the Gulf, and cede West Florida, New Orleans, and the terri- 
tory on the west bank of the Mississippi, to the United States. This 
cession will be onl}^ valuable to the latter from its giving them the 
mouths of the river Mobile and other small rixers which penetrate 
their territory, and in calming their apprehensions relative to the 
Mississippi. The land ceded (if we except a narrow strip on the Imnk 
of the river) will, for the most part, consist of barren sands and sunken 
marshes; while that retained by France, on the west side of the 
Mississippi, includes the great bulk of the settlements and a rich and 
fertile countr3^ It may be supposed that New Orleans is a place of 
some moment; it will be so to the United States, but not to France, 
because Fort Leon, on the opposite bank, affords a much more adxan- 
tageous station; has equal advantages as a harbor; is higher, healthier, 
and more defensible; and, as the great bulk of the settlements must 
necessarily be on that side, the capital must be transplanted there, 
even if France continued in possession of New Orleans, which is a 
small town, built of wood, and upon which all the expenses that France 
should make in public buildings, &c., would ultimately be thrown 
away when the capital was removed. 

The right of depot which the United States claim, and will never 
relinquish, must be the source of continual disputes and animosities 
between the two nations, and ultimateh^ lead the United States to aid 
any foreign Power in the expulsion of France from that colony. Inde- 
pendent of this, as the present commercial capital of New Orleans is 
mostly American, it will be instantly removed to Natchez, to which 
the United States can give such advantages as to render New Oi-leans 
of little importance. 

Upon any other plan, sir, it needs but little foresight to predict that 
the whole of this estal)lishment nuist pass into the hands of Great 
Britain, who has, at the same time, the command of the sea, and a 
martial colony containing every means of attack. While the fleets 
block up the seaports, she can, without the smallest difliculty, attack 
New Orleans from Canada with fifteen or twenty thousand men, and a 
host of savages. 

France, b}^ grasping at a desert and insignificant town, and thereb}^ 
throwing the weight of the United States into the scale of Britain, will 
render her mistress of the New World. By the possession of Louisiana 
and Trinidad, the colonies of Spain will lie at her mercy. By expel- 
ling France from Florida, and possessing the ports on the Gulf, she 
will command the islands. The East and the West Indies will pour 



92 PURCHASE OF THE TERRITORY OF LOUISIANA. 

their commodities into her ports; and the precious metals of Mexico, 
combined with the treasures of Hindostan, enable her to purchase 
nations whose aid she may require in confirming- her power. 

Though it would comport with the true polic}^ and the magnanimity 
of France, gratuitously to offer these terms to the United States, yet 
they are not unwilling to purchase them at a price suited to their 
value, and to their own circumstances; in the hope that France will at 
the same time satisfy her distressed citizens the debts which the}" have 
a right b}^ so many titles to demand. 

These short hints, I flatter myself, will serve to draw your attention 
to the subject; in which case I am satistied that many other reasons 
for the adoption of this plan will suggest themselves to your reflec- 
tion; reasons on which I do not, from a respect to your time, think it 
necessary to enlarge. I would only observe that Congress are now 
in session; that if no treaty is concluded before they rise, or if a 
Minister should go onh" with powers to treat, without being the 
bearer of anything conclusive, he will have to encounter unnumbered 
suspicions and jealousies, and when he opens the negotiation, he will 
have to contend with all the intrigues of the Court that is most inter- 
ested in preventing the completion of objects so hostile to its views. 
Many things are ratified when a treaty is formed, that would be 
obstacles to the formation of one in a popular Government. 
Accept, sir, the assurances of my high consideration, 

R. R. Livingston. 



James Madison, Secretary of State, to Rufus King, Minister to England. 

Department of State, January 29, 1803. 
Sir: My I'jtter of the ^-Sd ult., with a postscript of the 3d of this 
month, communicated the information which had been received at 
those dates relating to the violation at New Orleans of our treaty with 
Spain, together with what had then passed between the House of Rep- 
resentatives and the Executive on the subject. I now enclose a subse- 
quent resolution of that branch of the Legislature. Such of the 
debates connected with it as took place with open doors will l)e seen 
in the newspapers. In those debates, as well as in indications from 
the press, you will perceive, as you would readily suppose, that the 
cession of Louisiana to France has been associated as a ground of 
much solicitude with the affair at New Orleans. Such, indeed, has 
been the impulse given to the public mind by these events that every 
branch of the Government has felt the obligation of taking the meas- 
ures most likely, not only to re-establish our present rights, but to 
promote arrangements by which they may be enlarged and more 
effectually secured. In deliberating on this subject, it has appeared 



PUKCHASE OF THE TERRITORY OF U)UISIANA. 93 

to the President that the importance of the crisis called for the experi- 
ment of an extraordinary mission, carryino- with it the weight attached 
to such a measure, as well as the advantage of a more thorough knowl- 
edge of the views of the Goverinnent and of the sensibility of the 
public, than could l)e otherwise conveyed. He has accordingly selected 
for this service, with the approbation of the Senate, Mr. Monroe, 
formerl}'^ our Ministin- Plenipotentiary at Paris, and lately Governor of 
Virginia, who will l)e joined with Mr. Livingston in a commission 
extraordinary to treat with the French Kepublic; and with Mr. Pinck- 
ney in a like commission to treat, if necessary, with the Spanish 
Government. 

Mr. Monroe is expected here to-morrow, and he will probably sail 
shortly afterwards to New York. 

These communications will enable you to meet the British Minister 
in conversation on the subject stated in your letter of May 7th, 1802. 
The United States are disposed to live in amity with their neighbors, 
whoever they may be, as long as their neighbors shall duly respect 
their rights; but it is ecpially their determination to maintain their 
rights against those who nu\y not respect them; premising, where 
the occasion may require, the peaceable modes of obtaining satisfaction 
for wrongs, and endeavoring, by friendly arrangements and provident 
stipulations, to guard against the controversies most likely to occur. 

Whatever may be the result of the present mission extraordinary, 
nothing certainly will be admitted into it not consistent with our 
prior engagements. The United States and Great Britain have agreed, 
each for itself, to the free and common navigation by the other of the 
river Mississippi — each being left, at the same time, to a separate adjust- 
ment with other nations of questions between them relative to the 
same subject. This being the necessary meaning of our treaties with 
Great Britain, and the course pursued under them, a difference of opin- 
ion seems to be precluded. Any such difference would be matter of 
real regret; for it is not onl}^ our purpose to maintain the best faith 
with that nation, but our desire to cherish a uuitual confidence and 
cordiality, which events may render highly important to both nations. 

Your successor has not yet ])een named, ,and it is now possible that 
the time you ma^^ have fixed for leaving England will arrive before 
any arrangements for the vacanc}^ can have their effect. Should this 
be the case, the President, sensible of the inconvenience to which you 
might be subjected by an unexpected detention, thinks it would not be 
reasonable to claim it of you. It may be hoped that the endeavors to 
prevent an interval in the legation be successful; and as it can not be 
more than a very short one, no great evil can well happen from it. 
I have the honor, &c., 

James Madison. 



94 PUKCHASE OF THE TERRITORY OF LOUISIANA. 

President Jefferson to M. Dupont. 

Washington, Fehruary 1^ 1803. 
Dear Sir, — I have to acknowledge the receipt of your favors of 
August the 16th and October the 4th. The latter I received with 
peculiar satisfaction; because, while it holds up terms which cannot 
be entirely yielded, it proposes such as a mutual spirit of accommo- 
dation and sacrifice of opinion may bring to some point of union. 
While we were preparing on this subject such modifications of the 
propositions of 3'our letter of October the 4th, as we could assent to, 
an event happened which obliged us to adopt measures of urgency. 
The suspension of the right of deposit at New Orleans, ceded to us by 
treaty with Spain, threw our whole country into such a ferment as 
imminently threatened its peace. This, however, was believed to be 
the act of the Intendant, unauthorized by his government. But it 
showed the necessity of making effectual arrangements to secure the 
peace of the two countries against the indiscreet acts of subordinate 
agents. The urgency of the case, as well as the public spirit, there- 
fore induced us to make a more solemn appeal to the justice and judg- 
ment of our neighbors, by sending a minister extraordinary to impress 
them with the necessity of some arrangement. Mr. Monroe has been 
selected. His good dispositions cannot be doubted. Multiplied con- 
versations with him, and views of the subject taken in all the shapes 
in which it can present itself, have possessed him with our estimates 
of everything relating to it, with a minuteness w^hich no written com- 
munication to Mr. Livingston could ever have attained. These will 
prepare them to meet and decide on ever}" form of proposition which 
can occur, without awaiting new instructions from hence, which might 
draw to an indefinite length a discussion where circumstances imperi- 
ously obliged us to a prompt decision. For the occlusion of the 
Mississippi is a state of things in which we cannot exist. He goes, 
therefore, joined with Chancellor Livingston, to aid in the issue of a 
crisis the most important the United States have ever met since their 
independence, and which is to decide their future character and career. 
The confidence which the government of France reposes in you, will 
undoubtedly give great weight to your information. An equal confi- 
dence on our part, founded on your knowledge of the subject, 3"Our 
just views of it, your good dispositions toward this country, and m}^ 
long experience of your personal faith and friendship, assures me 
that 3'ou will render between us all the good offices in your power. The 
interests of the two countries being absolutely the same as to this 
matter, your aid may be conscientiously given. It will often perhaps, 
be ])ossible for you, having a freedom of communication, omnibus 
horis^ which diplomatic gentlemen will be excluded from by forms, to 
smooth difficulties by representations and reasonings, which would be 
received with more suspicion from them. You will thereby render 



PURCHASE OF THE TERRITORY OF LOUISIAISTA. 95 

great good to both countries. For our circumstances are so imperious 
as to admit of no delay as to our course; and the use of the Mississippi 
so indispensable, that we cannot hesitate one moment to hazard our 
existence for its maintenance. If we fail in this effort to put it beyond 
the reach of accident, we see the destinies we have to run, and prepare 
at once for them. Not but that we shall still endeavor to go on in 
peace and friendship with our neighbors as long as we can, If our 
rights of navigation and deposit are respected^ hni as Ave foresee that 
the caprices of the local officert^, and the abuse of those rights by our 
boatmen and navigators, which neither government can prevent, will 
keep up a state of irritation which cannot long be kept inactive, we 
should be criminally improvident not to take at once eventual meas- 
ures for strengthening ourselves for the contest. It may be said, if 
this object be so all-important to us, why do we not offer such a sum 
as to insure its purchase? The answer is simple. We are an agri- 
cultural people, poor in mone}^, and owing great debts. These will be 
falling due b}' installments for fifteen }■ ears to come, and require from 
us the practice of rigorous economy to accomplish their pajmient; and 
it is our principle to pay to a moment whatever we have engaged, and 
never to engage what we cannot, and mean not faithfully to pa}'. 
AVe have calculated our resources, and tind the sum to be moderate 
which they would enable us to pa}", and Ave know from late trials that 
little can be added to it 1)}^ borrowing. The country, too, which we 
wish to purchase, except the portion alread}- granted, and which must 
be coniirmed to the private holders, is a barren sand, six hundred 
miles from east to west, and from thirty to forty and lif t}^ miles from 
north to south, formed by deposition of the sands by the Gulf Stream 
in its circular course round the Mexican Gulf, and Avhich being spent 
after performing a semicircle, has made from its last depositions the 
sand bank of East Florida. In West Florida, indeed, there are on the 
borders of the rivers some rich bottoms, formed l)y the nuid brought 
from the upper country. These bottoms are all possessed by individ- 
uals. But the spaces between river and river are mere banks of sand; 
and in East Florida there are neither rivers, nor consequent!}' any 
bottoms. We can not then make anything by a sale of the lands to 
individuals. So that it is peace alone which makes it an object with 
us, and which ought to make the cession of it desirable to France. 
Whatever power, other than ourselves, holds the country east of the 
Mississippi becomes our natural enemy. Will such a possession do 
France as much good, as such an enemy may do her harm? And how 
long would it be hers, were such an enemy, situated at its door, added 
to Great Britain? I confess, it appears to me as essential to France 
to keep at peace with us, as it is to us to keep at peace with her; and 
that, if this cannot be secured without some compromise as to the ter- 
ritory in question, it will be useful for both to make some sacrifices 
to effect the compromise. 



96 PURCHASE OF THE TEREITORY OF LOUISIANA. 

You .see, my good friend, with what frankness I communicate with 
3^ou on this subject; that I hide nothing from you, and that 1 am 
endeavoring to turn our private friendship to the good of our respec- 
tive countries. And can private friendship ever answer a nobler end 
than by keeping two nations at peace, who, if this new position which 
one of them is taking were rendered innocent, have more points of 
common interest, and fewer of collision, than any two on earth; who 
become natural friends, instead of natural enemies, which this change 
of position would make them. My letters of April the 25th, May the 
5th, and this present one have been written, without any disguise, in 
this view; and while safe in your hands they can never do anything 
but good. But you and I are now at the time of life when our call to 
another state of being camiot be distant, and may be near. Besides, 
your government is in the habit of seizing papers without notice. 
These letters might thus get into hands, which, like the hornet which 
extracts poison from the same llower that yields honey to the bee, 
might make them the ground of })lowing up a flame between our two 
countries, and make our friendship and confidence in each other eflfect 
exactly the reverse of what we are aiming at. Being yourself thor- 
oughly possessed of ever}^ idea in them, let me ask from your friend- 
ship an immediate consignment of them to the flames. That alone can 
make all safe, and ourselves secure. 



President Jefferson to Mr. Livingston. 

Washin(jton, Fehraary S, 1803. 
Dear Sir, — My last to you was by Mr. Dupont. Since that I 
received yours of May 22d. Mr. Madison supposes you have writ- 
ten a subsequent one which has never come to hand. A late suspen- 
sion by the Intendant of New Orleans of our right of deposit there, 
without which the right of navigation is impracticable, has thrown 
this country into such a flame of hostile disposition as can scarcely be 
described. The western country was peculiarly sensible to it as you 
may suppose. Our business was to take the most efi'ectual pacific 
measures in oui" power to remove the suspension, and at the same time 
to persuade our coiuitrymen that pacific measures would be the most 
effectual and the most speedily so. The opposition caught it as a 
plank in a shipwreck, hoping it would enal)le them to tack the West- 
ern people to them. They raised the cry of war, were intriguing in 
all quarters to exasperate the Western inhabitants to arm and go down 
on their own authority and possess them selves of New Orleans, and in 
the meantin)e were daily reiterating, in new shapes, inflammatory 
resolutions for the adoption of the House. As a remedy to all this 
we determined to name a minister extraordinary to go immediately to 



PURCHASE OF THE TERRITOEY OF LOUISIANA. 97 

Paris and Madrid to settle this matter. This measure being a visible 
one, and the person named peculiarly proper with the Western coun- 
try, crushed at once and put an end to all further attempts on the 
Legislature. From that moment all has become quiet; and the more 
readily in the Western countr}^, as the sudden alliance of these new 
federal friends had of itself alread}^ began to make them suspect the 
wisdom of their own course. The measure was moreover proposed 
from another cause. We must know at once whether we can acquire 
New Orleans or not. We are satisfied nothing else will secure us 
against a war at no distant period; and we cannot press this reason 
without beginning those arrangements which will be necessary if war 
is hereafter to result. For this purpose it was necessary that the 
negotiators should be fully possessed of every idea we have on the 
subject, so as to meet the propositions of the opposite party, in what 
ever form they maj^ be offered; and give them a shape admissible by 
us without being obliged to await new instructions hence. With this 
view, we have joined Mr. Monroe with yourself at Paris, and to 
Mr. Pinckney at Madrid, although we believe it will be hardly neces- 
sary for him to go to this last place. Should we fail in this object of 
the mission, a further one will be superadded for the other side of the 
channel. On this subject you will be informed by the Secretary of 
State, and Mr. Monroe will be able also to inform you of all our views 
and purposes. By him I send another letter to Dupont, whose aid 
may be of the greatest service, as it will be divested of the shackles of 
form. The letter is left open for your perusal, after which 1 wish a 
wafer stuck in it before it be delivered. The official and the verbal 
communications to you by Mr. Monroe will be so full and minute, that 
I need not trouble you with an inofficial repetition of them. The 
future destinies of our country hang on the event of this negotiation, 
and I am sure they could not be placed in more able or more zealous 
hands. On our parts we shall be satisfied that what you do not effect, 
connot be effected. Accept therefore assurances of my sincere and 
constant affection and high respect. 



R. R. Livingston to James Madison. 

Paris, Fehruary 5, 1803. 
Dear Sir: Not knowing where to direct the enclosed, I submit it to 
your care. The bearer of this to Nantz waits, so that I can write you 
nothing but that the Louisiana armament is still icebound. The 
Floridas are not yet ceded, owing, I believe, to some difficulty about 
Parma, and the solicitude of the Emperor of Russia to provide for the 
King of Sardinia. Spain is however prepared to make the cession, 
and 1 presume it will be done. I have precise answers from you to 
H. Doc. 431 T 



98 PURCHASE OF THE TERRITORY OF LOUISIANA. 

none of my inquiries, and am nnich at a loss how to act. I have much 
to say, but am not allowed to enlarge. You shall hear from me by the 
first safe conveyance. 

lam, etc., R. R. Livingston. 

Hon. James Madison, 

tiecretary of State. 



James Madison, Secretary of State, to Charles Pinckney and James Monroe. 

Department of State, 

Fehruary 17, 1803. 

Sir: You will be herewith furnished with a joint commission to treat 
with His Catholic Majesty, and with a letter of credence to him. For 
the object of the commission, and as a guide to your negotiations, 1 
refer you to the instructions given in relation to the French Govern- 
ment. Whatever portion of the arrangements contemplated may be 
found to depend not on the French, but on the Spanish Government, 
is to be sought from the latter, on the like terms as if they had 
depended on the former. 

The scale of value applied to the distinct territories in question will 
deserve particular attention; so will the provision for paying our citi- 
zens who have claims on Spain out of the sums stipulated as the price 
of her territorial possessions. Among these claims it will be important 
to include, not only those within the description contained in the con- 
vention signed by Mr. Pinckney in August last, but such as may be 
founded on unlawful acts committed within Spanish responsibility by 
other than Spanish subjects, and on acts committed by Spanish sub- 
jects, within the Spanish colonies, inconsistent with true equitj^, though 
not with the forms of law. 

Your particular attention will also be due, in case a cession should 
not be attained, to an enlargement of our right of deposit at New 
Orleans, to the establishment of suitable deposits at the mouths of the 
rivers, passing from the United States through the Floridas, as well as 
to the free navigation of those rivers by citizens of the United States. 
Useful hints on these subjects may be found in the letter of which a 
copy is annexed from the Consul of the United States at New Orleans. 

I refer for another object which will deserve vour attention, to the 
letter from the Department, of State of the 27th of November, to the 
Minister Plenipotentiary of the United States, which urges the neces- 
sity of some provision by the Governments of Europe having Ameri- 
can Colonies, by which the irregular and injurious proceedings of 
colonial officers towards the United States ma_v be more effectually 
controlled, or more expeditiously corrected, than by crossing the 
Atlantic with representations on such occasions. Such a provision is 



PURCHASE OF THE TEERITORY OF LOUISIANA. 99 

not more due to our just expectations than to the interests which those 
Governments have in maintaining- the amicable relations which subsist 
with the United States. In the same letter, notice was given that the 
Spanish Government would be held responsible for whatever damages 
might be sustained b}' our citizens in consequence of the violation of 
the treaty b}^ the Intendant at New Orleans. It will be proper to 
obtain from that Government a stipulation that will provide for such 
contingent damages. In case the convention, already on foot, should 
be open for such an article, it ma}^ be therein inserted. Should that 
opportunity not exist, it will be necessary to authorize, by a supple- 
mental article, the Commissioners appointed under that convention to 
award the indemniti cations. 

I have the honor, &c., James Madison. 



R. R. Livingston to the Secretary of State. 

Paris, February 18, 1803. 

Dear Sir: I have been honored by yours of the — November. I 
am pleased to find that you are satisfied with my applications to the 
Government on the subject of the debt; I am only sorry that those 
applications have hitherto been unsuccessful, and, as far as appears, 
will continue to be, unless some motive more efficacious than that of 
justice, or national faith or credit, is held out. To enter into the finan- 
cial arrangements of people in power here would lead me into very 
delicate discussion, which would not tend to any advantage propor- 
tioned to the risk it might subject me to. 1 still think that if any thing- 
is done to satisfj^ our citizens, it must be by some advantageous ofl'er 
on the part of our Government. You will find some of my ideas on 
that subject sketched in my former letters. 

As 5^ou have intimated the propriety of opening some other channel 
of communication with the First Consul than through the Minister, 
this I have eflectually done, so as to have got several unofficial com- 
munications under his eye, and to have learnt his sentiments thereon. 
1 can have a personal conference with him when 1 choose, having 
made arrangements for the purpose; but I defer it for two reasons: 
First, I have never yet had any specific instructions from you how 
to act or what to ofler. To meet him merely to talk of the justice of 
our claims, and of our rights on the Mississippi, would be onh' to say 
ungracious truths, and excite prejudices which may render a future 
conference more difficult; and, second, because it is one of the traits of 
his character when he has once fully avowed a sentiment not easily 
to change it. I have, therefore, thought it best to address myself 
officially to the Minister, and unofficialh^ to the only man supposed 
to have any sort of inilueuce over him. I have accordingly put into 



100 PURCHASE OF THE TEKRITORY OF LOUISIANA. 

his hands some notes containing plain truth mixed with that species 
of personal attention which I know to be most pleasing. The deli- 
cate subject of these notes makes me unwilling to send them unless 
I can tind time to put them in cipher, which 1 fear will not be 
the case by this conveyance; you will, however, have them in the 
first letter I write to the President, which will be by this or the 
next conveyance. I do not mention the channel 1 allude to, because 
I wish it only to ])e known to yourself and the President, and mj^ 
last letter to him has sufficiently explained it. The only basis on 
which 1 think it possible to do anything here is to connect our claims 
with our offers to purchase the Floridas. Upon this subject my notes 
turn. I have first endeavored to show how little advantage France is 
likel}^ to make from these colonies; the temptation they offer to Britain 
to attack them by sea and from Canada; the effect the conquest of them 
by Britain would have upon the islands; and the monopoly which that 
conquest would give to a rival Power of the trade of the West as well 
as of the East Indies. I have dwelt upon the importance of a friendly 
intercourse between them and us, both as it respects their commerce 
and the security of their islands; and I have proposed to them the relin- 
quishment of New Orleans and West Florida, as far as the river Per- 
dido, together with all the territory lying to the north of the Arkan- 
sas, under an idea that it was necessar}^ to interpose us between them 
and Canada, as the only means of preventing an attack from that 
quarter. 

I did not speak of East Florida because I found they consider the 
navigation of the Gulf as ver}' important; for this I proposed an 
indefinite sum, not wishing to mention any till I should receive your 
instructions, that it should be a condition of this treaty that the Amer- 
ican debt should be inscribed on their 5 per cent, stock. I knew it 
would be vain to render them our creditors by deducting this out of 
our payment, because actual money would alone have an}' effect in 
carrying the plan through; and even that must be managed with some 
circumspection, or no plan will succeed. These propositions, with cer- 
tain accompaniments, were well received, and were some days under 
the First Consul's consideration; when it was thought a better bargain 
might be made on the spot; and I was told that General Bernadotte 
would have full power to treat on this subject in America on the basis 
on which I had placed it. My answer to this information 3'ou will 
find in the enclosed note. I am now l^'ing on my oars in hopes of 
something explicit from j^o'i. 1 consider the object of immense impor- 
tance; and this, perhaps, the favorable moment to press it, because the 
affairs of the islands are yet very doubtful, and the armament is still 
blocked up b}' the ice in Holland; though as we now have a thaw here 
I fear they will not be so much longer. My plan is much relished by 
the person through whom it was proposed. General Bernadotte sees 



PUECHASE OF THE TEKRITORY OF LOUISIANA. 101 

the awkward situation in which he will be placed if he goes out while 
our demands remain unsatisfied. But nobody dares to offer an opinion 
when that of the First Consul has been expressed. And, at present, a 
very unexpected difficulty has arisen. 1 told you that Parma would 
be offered for the Floridas, and that General Bournonville was sent to 
negotiate the business. It was never doubted a moment here that it 
would be effected; this I learned from Talleyrand and the Spanish 
Ambassador. They intimated that the treaty would be signed the day 
the King returned from Barcelona; and their information accorded 
with that which Lord Whitworth had received. I learn now from the 
Spanish Ambassador that the thing has met with some difficulty, as he 
says, not because of any aversion in the Court to make the cession, but 
of some difference between the Prince of Peace and General Bournon- 
ville. I believe, however, that this is not the sole cause; but that 
Spain begins to see that, in receiving Parma, she will receive nothing; 
as it will be rendered subservient to another arrangement, as I hinted 
in my last. You will consider this rather as a conjecture than as any- 
thing I am perfectly founded in relating. The essential fact for us is 
that the Floridas are not yet ceded. 

Mr. Dazara, yesterday, told me that he began to have his doubts 
whether they would be; but France is fully impressed with the nullity 
of her possession in Louisiana unless she has some port in the Gulf. 
Indeed, the Minister told me yesterday that there were no difficulties 
of any moment. I presume that she will, ultimately, find some way to 
cut the Gordian knot; and I can not but sincerel}" wish that 3'ou may 
have availed yourselves of the pretense Spain has given you to take 
possession. It will be best to treat with the subject in our hands; but, 
at all events, tell me what to do if they should go into the hands of 
France: and fix the sum you are willing to give in case they should 
listen anew to my proposition; for as to Bernadotte doing anything 
with you I have no great faith. I pray you again to give me some 
instructions, for I may be acting contrary to jouv intentions; and I 
should be very sorry to do anything that you may find it proper to 
disavow. I am not satisfied, from examining my instructions and com- 
mission, that I am empowered to do anything but the common routine 
of business. As I did not receive this till I was going oft' I had no 
opportunity of objecting to them. I find that I have no precise diplo- 
matic character, not even an envoy ordinary or extraordinary, though 
it had been usual for the United States to grant this latter grade to 
gentlemen of less standing than myself. But this b}" the l)ye, which I 
should not have mentioned if I did not find that it is not quite so agree- 
able here, as Bernadotte is a man of high rank, and would have wished, 
like his brother Generals, to have gone out with a more elevated rank, 
but which thc}^ can not give while the United States onl}" retain a Min- 
ister Plenipotentiary here. It is proper that I should sa}^ a few words 



102 PURCHASE OF THE TERRITORY OF LOUISIANA. 

on General Bernadotte; he is one of the old Jacobin part}^, and has 
been much looked up to by them; but being brother-in-law to Joseph 
Bonaparte, he is favorably connected; but has not ceased to be an object 
of some jealousy. And I believe 3"ou may consider his present mission 
as an honorable banishment. He proposes only to stay a few months 
in America. I have had many conversations with him. His disposi- 
tions are just such as I would wish with respect to us; but his temper 
is warm and fiery, and you will have to flatter his pride and that of his 
nation, if you would stand well with him. 

In several conversations that I have had with Lord Whitworth I find 
that Britain is very averse to the projected exchange for the Floridas; 
and he thinks that, if effected, it will be taken up very warmly by the 
nation. Mr. King, however, in an answer this day received to some 
questions I have put on that subject, thinks differently. I find that 
the sentiments of the two nations, with respect to each other, have 
totally changed from what they were a year ago; the}" at present 
mortally hate each other; and nothing but the want of allies keeps 
Britain from breaking out. You will find in one of the Moniteurs I 
have sent you, a curious journal of Sebastiana, which has been evi- 
dently published to prepare this nation for some new operation in 
Egypt; it is extremely offensive to the British, I have a letter from 
Mr. Graham, who is far from being satisfied with the conduct of the 
Spanish court; who act like this in saying nothing on the subject of 
their treaty with France, and who have passed a law prohibiting any 
American vessel to enter their ports till they have performed a quar- 
antine in some foreign port. 

1 mentioned to you my wish to be empowered to recognize the 
Italian Republic; to be accredited to the Consul, as has been done by 
most of those Powers who wish to please him; and as this is a compli- 
ment without expense, it might not be amiss to pay it, particularly as 
we shall have some commercial connection with the Italian States. 

From the best accounts I can receive from Holland the armament 
will be detained there till about the last of March, so that you will not 
have them in New Orleans till June; a precious interval, of which you 
may think it prudent to avail yourselves. 

I broke off here that I might have an explicit conversation with the 
Minister, founded upon the newspaper intelligence from our countr}'; 
for I have had no other since the date of your letter of — November. 
I endeavored to impress him strongly with the idea of our determina- 
tion never to suffer our rights on the Mississippi to be impeded; and 
of the little value that that country would be to them in the production 
of a revenue; of the almost certainty of war between them and the 
savages in case their stipends were withheld; the pain it must give the 
First Consul to be the means of the destruction of the white inhabit- 
ants, whom it would be impossible to defend; and upon the benefits 




PURCHASE OF THE TERKITORY OF LOUISIANA. 103 

that would result to the commerce and manufactures of France from a 
friendly connection with us. These seemed to make an impression 
upon him; and he promised to represent them strongly to the First 
Consul to-morrow; but added, that however my other plans might be 
received, I must consider the purchase of the country as out of the 
question; intimating that a sale was below their dignity; so that 1 fear 
my hopes, founded on their necessities, are frustrated. 

I am, sir, with the most respectful consideration, your obedient, 
humble servant. 

Robert R. Livingston. 

Hon. James Madison, Secretary of State. 



(The following, Nos. 2 and 3, are supposed to be the memoirs referred 
to in Mr. Livingston's despatch of the 18th February.) 

No. 2. 
To : 

I am sensible, sir, that I have alread}^ taxed your patience in the 
memoirs that I have submitted to your attention; but, sir, (pardon the 
frankness with which 1 speak,) the critical moment is arrived which 
rivets the connection of the United States to France, or binds a young 
and growing people for ages hereafter to her mortal and inveterate 
enemy. 

How highl}^ 1 estimate the alliance of France, and how much I 
believe the happiness of both nations may be promoted by it, not only 
appears from the whole of my political conduct, but has been stated 
in an essay upon the relative maritime power of France and Britain, 
which, as I have learned, has been honored by the First Consul's 
attention. 

The United States have at present but two possible causes of differ- 
ence with France — the debt due to her citizens, and the possession of 
Louisiana. The first of these France is not only bound to pa}" l)y the 
laws of justice, but by the solemn stipulations of a treat}' which has 
been observed with the utmost good faith by the United States, who 
have advanced large sums in consequence, without suffering them- 
selves to doubt that it would meet with equal attention on the part of 
France. Give me leave to add, sir, that your signature was considered 
as a guarantee of that treaty by the people of the United States, who 
had long since learned to estimate the candor and integrity of your 
character. 

My present object, sir, is to show, in a very few words, that Lou- 
isiana affords France not only the means of discharging their debt, and 
promoting the other object which I took the liberty to hint at before, 
but even of placing her colony of Louisiana in a better situation, 



104 PURCHASE OF THE TERRITORY OF LOUISIANA. 

should it be her wish to retain that colony, than she would do by 
listening to no compromise with the United States. 

The object of France in forming this colony is to supply her islands; 
to afford an outlet for such of her population as she thinks she can 
spare from home. But not to scatter her people over an immense wil- 
derness, where thej^ will be lost for her and to the world; or to till her 
territory with inhabitants that would withdraw their allegiance the 
moment they found themselves in a situation so to do; which will cer- 
tainly be the case if these, or if any but the natives of France are 
permitted to settle it. 

It is, then, the interest of France to limit her territory, and to render 
it as compact as possible, without placing it at such a distance from the 
sea as to put it totally out of her control. While with the remainder of 
the territory, she fulfills other important objects, and, above all, builds 
her future connection with the United States upon mutual interests, 
and that strict and solemn regard for treaties which can alone lull the 
apprehensions that her power excites, and to which, more than the 
force of her arms, Rome was indebted for the dominion of the world. 

The produce of Louisiana nmst be convej^ed by the Mississippi, and 
there are no ports for her marine to the west of Pensacola. If, there- 
fore, France should possess Pensacola, and all the ports to the east of 
it, she will have the complete command of the Gulf. And if she pos- 
sesses the free navigation of the Mississippi, and all Louisiana l3'ing to 
the west of that river, and south of the river Arkansas, comprehending 
a tract nearly as large as the ancient Government of France, she will 
have more territory than will suflice to supply all the wants of her 
marine, and West India colonies, with such articles as that country can 
produce. 

Louisiana, within these limits, can support a population of 15,000,000 
of people. You will judge, sir, whether it would be possible for 
France to retain more than that number in subjection; or whether it 
would be good policy to extend her population beyond the number she 
can govern. 

The settlers to the north of the river Arkansas would be too far 
from the sea to fear any force from France. A distant colony must 
be of moderate size, compactly settled, and not remote from the sea, 
or the parent State will soon lose all control over it. The interest of 
France, then, requires that her colony in Louisiana should not exceed 
the limits I mention, and the separation of this territory from that 
lying to the east of the river Perdido would afford an additional secu- 
rity to France for the possession of both, not only as it would break 
the connection of the colonies, but as their interest would be totally 
different, the last possessing little valuable land, (for both East and 
West Florida are barren tracts,) would be military posts and commer- 
cial entrepots; from which the trade would be carried on to and from 



PURCHASE OF THE TEREITORY OF LOUISIAISTA. 105 

the Mississippi in small vessels; while that with France would, on 
account of her safe and commodious harbors, center in East Florida. 

The inhabitants of this country would be deeply interested in a con- 
tinuance of their connection with the mother country. While the 
interposition of West Florida, in the hands of the United States, would 
prevent any coercion on the part of the inhabitants of Louisiana, if 
they should at any time be disposed to revolt; east Florida, on the 
contrary, while loyal to France, would, by means of her navy, have a 
powerful control on the colony of Louisiana. 

The example of England should have some weight. The Dutch 
possessed New York; England, for the sake of uniting her colonies, 
purchased it from Holland. Had it been left in the hands of the 
Dutch, that union, which has lost the whole to Britain, would have 
been prevented. 

The Colonies of Louisiana and East Florida, wdthin the limits pro- 
posed, being thus secured, the remainder of the Spanish cession is 
only valuable as it enables France to pursue other great objects, to 
wit: the payment of the debt in conformity to her treaty; and the con- 
ciliation of an ally which may on so many important occasions be use- 
ful to her; and the one of no less magnitude to which I have in my 
last the honor to allude. 

The United States possess the east side of the Mississippi, from its 
source to the thirty-first degree of north latitude. It would be very 
interesting to them to acquire the possession of the remainder of the east 
bank of that river to its mouth, and that narrow strip of land which 
lies between the thirty-first degree of latitude and the sea, as far as 
the river Perdido; not on account of the value of the land, for, except 
a small quantity on the banks of the river, it is for the most part a 
sandy barren, or a sunken marsh; but because it would give them the 
mouths of those rivers which run through their territory, and afford 
an outlet to the sea. 

To the cession of this country but one possible objection can be 
raised on the part of France; it ma}^ attach a value to New Orleans 
which it by no means merits. The fact is, that to France, who has the 
choice of fixing her capital on either side of the river. New Orleans 
has no circumstance to recommend it. It is placed on the naked bank; 
it has no port, basin, or quay, for shipping; has no fortification of any 
strength; and is incapable of being rendered a good military position; 
and the houses are only of wood, subject to continual accidents. The 
situation was fixed first by France on account of its being on the 
Florida side of the river where the settlements commenced; but as it 
was soon found that the lands of the west side of the river were much 
richer, the principal part of the population is now there. The bank 
opposite to New Orleans is higher and better calculated for a town: 
it already has a strong post in Fort Leon, the most commanding posi- 



106 PUECHASE OF THE TEREITOEY OF LOUISIANA. 

tion in that country; and the harbor, or rather the road, is in all 
things equal to that of New Orleans. As a Government house and 
barracks, stores, &c. , must be built either at New Orleans or at Fort 
Leon, there can be no doubt, even if France retains both, that the 
latter ought to have the preference, since a regular and handsome 
capital could be laid out there, and in a healthier and stronger 
situation than at New Orleans. 

It is highly probable that, in this case, the superiority it would have 
in point of health, the advantages of the Government, and, above all, 
the free trade with France and her islands, would render it in three 
years more populous than New Orleans now is. The French merchants 
would sell their houses in the one to the Americans, and establish them- 
selves in the other. Should France retain the whole of the Spanish 
cession on both sides of the river, she will tind it absolutely necessary 
to remove her capital to the west side. The river for three months is 
impassable from the violence of the inundation, and the trees that it 
brings down with it. As the bulk of the colony is on the west wide of 
the river, it must necessarily draw its capital after it, or submit to be 
cut off from it during this period. A town will, therefore, rise 
at Fort Leon, where the richest establishments are already formed, 
which must increase with the population of the country. 

The difficulty of removing the capital from New Orleans will increase 
as its buildings become more numerous, and its population greater. 
It is, therefore, in every event the true interest of France to commence 
the establishment of a capital on a regular plan on the west side of the 
river, where it must ultimately be, rather than expend money upon the 
old town of New Orleans, which they will find too much insulated for 
the capital of Louisiana. 

Permit me, sir, to examine the subject in a point of view which I 
conceive is important not only to France and the United States, but to 
every maritime power. It can not be doubted that the peace between 
France and Britain has been too disadvantageous to the latter to be of 
long duration. Strong symptoms of an approaching rupture have 
already appeared; and the statesmen of both countries will begin to 
examine the points of attack and defense, and the acquisitions that 
afford the most pc^rmanent advantages. The Cape, Malta, and Egypt, 
have already awakened the cupidit}^ of Great Britain. Should she 
extend her views across the Atlantic, (and what is to limit them?) the 
cession of Louisiana to France offers her the fairest pretense to invade 
that country, either from Canada or by the Atlantic. 

She felt no reluctance in leaving them to Spain; but she will not 
quietly see them in the hands of France. She will strain every nerve 
to acquire them. By uniting them with Canada and Nova Scotia she 
encircles the United States; and, having the same manners, the same 
religion, the same language, and a number of partisans among the 



PUECHASE OF THE TEERITORY OF LOUISIANA. 107 

commercial inhabitants of the United States; having- careful!}' removed 
every conflicting- question, and even conciliated, by the liberality of 
her restitutions, those whom her conduct during the war had irri- 
tated; it will be diflicult to say what will be the extentof her influence. 
But, independently of this circumstance, if Britain should unite Loui- 
siana and West Florida to her other American possessions, no power 
in Europe will be able to oppose her force. The bay of St. Esprit will 
become another Gibraltar, from which she will ravage every island 
and continental possession of France, Spain, and Holland; she will 
monopolize the commodities of the West as she has already done those 
of the East Indies. Not a moment, sir, should be lost for placing a 
barrier between the settlements that France may wish to retain in 
Louisiana and Canada, by ceding to the United States the portion I 
have proposed above the Arkansas; and by the cession of New Orleans 
and West Florida, to take from them the first inducement to attack 
that covmtry. France should exert all her resources and all her 
strength in the immediate fortification of Pensacola and the bay of St. 
Esprit; or, if she has not the means of doing it, she should leave them 
in the hands of Spain (if she can consent to leave her at peace) or to 
some other neutral nation. For 1 will venture to say that the acquisi- 
tion of that country, by a nation who possesses Newfoundland, Nova 
Scotia, and Canada, with a powerful maritime force, will annihilate 
the external trade of every other nation in Europe; and that it would 
be the true interest even of Spain herself, rather to see her ports in 
Florida in the hands of the United States, who alone can defend them, 
than to keep them in her own, at the risk of having them wrested from 
her by Britain. Perhaps, in the present state of things, considering 
the superiority of the British nav}' at this moment, the great capital 
that it will require to reinstate the French islands, and her continental 
possessions in the East Indies and in America, the wisest measure 
would be, not only to make the cession I have asked, but to hypothe- 
cate the whole of East Florida for a term of years, for such part of 
the American debt as may remain unsatisfied. 

But as this is a mere hasty, undigested idea, rather intended to turn 
your attention to this subject, than as a matter sufficiently matured to 
take the form of a proposition. I can not, sir, conclude this note, 
without turning your attention to the present feelings of the people 
of all parties in the United States with respect to France. The 
total silence of the French Government on the subject of their inten- 
tion as to the navigation of the Mississippi, and their rights of entrejwt 
at New Orleans, secured to them by the most solemn treat}' with 
Spain; the mystery with which all the arrangements of France for 
taking possession of that country are concealed from the Minister of 
the United States, notwithstanding his repeated notes to the Minister 
of Exterior Relations on the subject; have excited the most lively 



108 PURCHASE OF THE TERRITORY OF LOUISIANA. 

apprehensions of designs unfriendly to their commerce and their rights. 
The total neglect of every measure that leads to a securit}" for their 
debt, notwithstanding the provisions of the treaty, and the ruin of 
numbei'S of their citizens by this; and the ver}^ extraordinar}^ decisions 
which have, in several instances, taken place in the Council of Prizes, 
for which I have been able to receive not merely no redress but even 
no answer; contrasted with the good faith displaj^ed by their own 
Government with respect to France, with the scrupulous attention that 
Great Britain has paid to repair, by the most liberal conduct, the 
abuses she has permitted herself to commit during the war, leads to a 
belief that France limits her rights by her power; and insensibly dis- 
poses them to alliances, both offensive and defensive, which it has 
heretofore been her policy to avoid. Can it possibly be the interest 
of France, sir, to drive the United States into these alliances, while 
she forms colonies, and retains islands in their neighborhood? Can 
she look with contempt upon an enterprising and hardy nation who 
possesses means of defense at home, and for a maritime force which 
will render her respectable abroad? The immense power of France 
has rendered her an object of jealous}^ to the Old World; while the 
inhabitants of the New felt no other sensations than those of admiration 
and respect. 

In Europe, France only knows secret enemies and hollow friends. 
In America, she has grateful allies. Let her not, sir, for the bubble 
of the day, cast them off; but let her avail herself of the advantages 
she has acquired, to bind them to her. Should she, relying on her 
own strength, never need their aid, she still will find a consolation in 
reflecting that the sacrifices (if such they may be called) she makes, 
are sacrifices at the altar of justice and national faith. She will cheaply 
purchase the esteem of men and the favor of Heaven by the surrender 
of a distant wilderness, which can neither add to her wealth nor to 
her strength. 

R. K. L. 



No. 3. 

January 7, 1802. (0 

To . 

In a conversation which I yesterday had with General Bernadotte, 1 
find that some idea is at present entertained by the First Consul of 
treating at Washington of the several matters I had the honor to men- 
tion to you. I should be extremely pleased at this arrangement, because 
I should see in it those advantages to my country which are always 
derived from carrying on a negotiation at home, where the views of 
the Government are clearly known, where they can avail themselves 
of every light and information, while the Minister with whom they 



PdRCHABE OF THE TERRITORY OF LOUISIANA. 109 

treat is isolated, and must rely on his own resources and those he 
draws from suspicious channels. But, sir, there are circumstances 
which, in the present instance, appear to me to counterbalance those 
advantages, and which render it peculiarl}^ the interest of France and 
the United States to come to a more immediate arrangement of several 
matters that interest them in this negotiation. 

I can not conceal from you, sir, that both the Government and the 
people of the United States are at present in such a state of mind as to 
be tilled ^vith doubts and jealousies with respect to the views and dis- 
positions of France. Many among her firmest friends are ruined bj'^ 
the inexecution of that article of the treaty which provides for the 
payment of their debts; many by hast}^ measures at Santo Domingo, 
and the disregard, in some instances, of the common principles of the 
law of nations in the decisions of the Council of Prizes. The silence of 
the French and Spanish Governments on the subject of their intentions 
relative to the navigation of the Mississippi and the right of entrejyot 
at New Orleans, has given just grounds of alarm. But, sir, a circum- 
stance has just come to my knowledge, though not officially, yet in 
such a way as leaves me little room to doubt of its authenticitv, which 
can not fail to drive the United States into some violent measure. 

"On the 20th of October, the Governor of New Orleans issued a 
proclamation, in which, speaking of the Americans, he says they will 
not in future be permitted to make a deposit of their cargo in New 
Orleans, in conformit}^ to the twenty-second article of their Treaty of 
27th October, 1795, which has expired," 1 have examined the treaty: 
there is no pretense for this construction of it; and, as the right has 
been regularly exercised till now, it will be generally believed in the 
United States that this construction could only have been suggested 
by a wish on the part of France to get rid of the provisions of the 
treaty before she took possession. Now, sir, I will frankly confess to 
you that the United States will rather hazard their very existence than 
suffer the Mississippi to be shut against them. Of this you will easily 
be convinced when you learn that, when their numbers were but half 
of what they now are, and their means of defense infinitely less, their 
instructions to their Ministers that made the first treaty with Great 
Britain were, by no means to sign a treat)^ without securing the free 
navigation of that river. You will not, therefore, be surprised if this 
step of Spain should wind up the American people and Government 
to so high a pitch of resentment as shall lead them to a close and 
intimate connection with Britain, and perhaps to an immediate rupture 
with Spain. 

If, under these circumstances, an Ambassador should arrive in 
America without being the bearer of a treaty which terminates their 
differences, and should propose to enter upon a treaty with the Amer- 
ican Government, they will naturally ask, why has our Minister been 



110 PUECHASE OF THE TEKRITOKY OF LOUISIATIA. 

able to effect nothing in fourteen months? Why have our debts 
remained unpaid ? Why has he received no sort of satisfaction on any 
subject on which he has addressed himself to the Government? And 
why does France now, at this late day, prefer making a treaty in 
America to concluding one at home ? While, at the same time, she is 
sending out large armies to the islands, and possessing herself of 
Louisiana and the Floridas ? Is it not to paralyze those measures of 
security that common prudence would suggest to the United States? 
Is it not to stop the treaty which we are about to make relative to our 
W^estern boundary with Great Britain? Is it not to give France time 
to arrange her affairs in the islands, to strengthen her ports in Amer- 
ica? Some months will elapse before the treaty is made, and many 
before it is ratified. What security have we that this treaty, when 
made, will meet the approbation of the First Consul, when time has 
made a change in circumstances? These, sir, and a thousand other 
doubts, will arise in the minds of the citizens of the United States, and 
they will be blown into certainties b}^ the agents of Britain, who are to 
be found in all our commercial towns. 

There is no doubt that the Government of the United States will 
receive with attention the French Ambassador; that they will listen to 
his propositions; and will treat with him with pleasure upon the basis 
I have mentioned. But they will not, on that account, cease to con- 
sider the conclusion as verj'' distant, or relinquish any measure that 
they may deem it wise to pursue, in case no treaty was proposed. 
Treating under these circumstances, I fear there will be much less 
ground to hope a cordial and friendly intercourse than if the earliest 
moment was embraced, and the Ambassador of France was the bearer 
of a treaty already completed. 

There are other considerations, sir, which I believe will have some 
weight with the First Consul, if suggested to him. The terms I have 
proposed as a basis of a treaty, are precisely those which would be 
most repugnant to the interests of Britain. By interposing the United 
States between Canada and the French establishments on the Missis- 
sippi, her views upon a communication with the sea by that channel 
are completely cut off. By giving France the ports on the Gulf of 
Mexico, the British islands are held in check. By interposing the 
establishments of France between the United States and Mexico, by 
the only practicable route, the jealousies of Spain, with respect to the 
United States, will be calmed, and she will have in France an ally at 
hand to protect her from the ambitious views of Britain. At present, 
Britain feels little uneasiness about the possessions of France in Lou- 
isiana, because, believing that they will operate to render the United 
States enemies of France, they count upon their aid in dispossessing 
them, and in reaping the fruits of their labor. It will be extremely 
difficult, if a negotiation is set on foot in the United States to conduct 



PUECHASE OF THE TERRITORY OF LOUISIANA. Ill 

it with such secrecy as to escape the vigilance of Britain. In a pop- 
ular Government, where she has many friends, it may not be difficult 
to prevent success. Nor will she hesitate to make important sacrifices 
to defeat this object. 

There are other matters which, though less important, deserve con- 
sideration. France apprehends that the rebels in the islands are 
supplied with arms, &c. , from the United States. I trust that appre- 
hension has hitherto been unfounded. She maj^ wish for laws pointed 
to this object. The party hostile to France, the person jealous and 
suspicious of her views in their present state of irritation, may con- 
sider her islands as the point in which she is most vulnerable; and, 
while they decline any active part in support of the revolters, they 
may be unwilling to see them reduced to submission. The British 
influence will have room to opeiate on this subject. Laws pass very 
slowly, and there are many means of obstructing their passage. But 
a treaty is, in the United States, the most solemn of all laws. Any 
provision that we agree upon here must be binding. If, then, a treatj' 
is formed here, the Minister, instead of having a law to solicit, in the 
face of a thousand intrigues and jealousies, will carry the law out with 
him, and will have only to watch over its execution. 

All these, and many other reasons, which I will spare you the 
trouble reading, suggest the propriety of finishing the treaty here, 
and that as speedily as possible. It is certain that more light can be 
acquired relative to that country at Paris, (if doubt should be enter- 
tained as to my assertions,) than any foreign Minister could obtain at 
Washington. 

I speak, sir, perhaps with too much freedom on the views of 3^our 
country and my own. But I speak with freedom, from a conviction of 
the integrity of my own intentions, and the absolute certainty that 
the measures I suggest are not less the interest of the one than of the 
other. As no chicanery, no crooked policy, will mingle itself in our 
treaty, one may be concluded in a week, if the Consul shall be pleased 
to name yourself or General Bernadotte, in whose candor and infor- 
mation I have great confidence. It would certainly be very grateful 
to him to be the bearer of a treaty which insures him the cordial and 
friendly recejDtion in the United States that his mission aiid his merits 
entitle him to. 

I am, sir, &c., Robert R. Livingston. 



James Madison, Secretary of State, to Robert R. Livingston, Minister to 

France. 

Department of State, Fehruary 23, 1803. 
Sir: Since my last, which was of the 18th of January, I have 
received your several letters of the 11th and 14th of November, 1802. 



112 PURCHASE OF THE TERRITORY OF LOUISIANA. 

As 3^^011 will i-Qceive this from the hands of Mr. Monroe, I refer to 
him for full information relative to our internal affairs generally, and, 
in particular, to the violation to our right of deposit at New Orleans, 
with the impressions and proceedings which have resulted from it. 

In his hands also, are the commission and instructions in which he is 
joined with yourself, to treat with the French Government for an 
enlargement of our rights and our security in the southwestern neigh- 
borhood of the United States. These documents, with the communi- 
cations and explanations which Mr. Monroe will be able to add, will 
put you in full possession of the subject. 

The negotiation to be opened will bring the disposition and views 
of the French Government to a test. If it should meet the negotia- 
tion in a proper spirit, and with a just estimate of the real interests 
of France, not only a favorable issue may be expected, but it will be 
proper for you to avail 3'ourself of the occasion, to insist on a prompt 
and complete f uliillment of the convention, so long delayed on that 
side, but which was so readily and so liberally executed on ours; and 
on a fair discharge of the pecuniary engagements of every description, 
to the citizens of the United States. 

The occasion may be proper, also, for obtaining satisfaction to Cap- 
tains Rodgers and Davidson for the outrages committed on them in 
St. Domingo. The death of General Le Clerc will have lessened the 
influence of his connection with the subject, in obstructing a just con- 
sideration of it. 

A return to your representations on the subject of the French navi- 
gation laws, may be equally recommended by the occasion. Although 
the present session of Congress, like the last, will pass over without 
an}^ countervailing regulations here, it can not be doubted that the dis- 
criminations made by France, with a view to exclude our shipping 
from a fair share in the freight of our own productions, will, and can 
be effectually counteracted by the United States, if not corrected liy 
herself. Should a disposition appear to take up the whole subject of 
commerce between the two countries, with a view to conventional 
regulations on just principles, the President authorizes you to express 
a like disposition in the Government of the United States. But he 
prefers for the discussions, this place to Paris, for the double reason 
that the requisite commercial information could be more readily 
gained here than there, and that a French negotiator might here be 
more easily and fully impressed with the importance of our commerce 
to France, than could be done at Paris\ Mr. Otto, it is presumed, 
would not be an unfavorable Minister for such a business; and may, if 
the French Government incline, bring with him the necessary author- 
ities and instructions for entering upon it. 

If, instead of these friendly sentiments and purposes, which may be 
improved into a solid and satisfactory adjustment of the mutual inter- 



PURCHASE OF THE TERRITORY OF LOUISIANA. 113 

ests of the two nations, the French Government should betray a 
settled repugnance to just arrangements with the United States; and, 
above all, if it should manifest or betra}^ a hostile spirit towards them, 
or be found to meditate projects inconsistent with their rights, and, 
consequenth", leading to a rupture, not a moment is to be lost in for- 
warding the information, in order that the measures, both external 
and internal, adapted to such a state of things, may be seasonably 
taken. 

I have the honor, &c. , James Madison. 

R. E,. Livingston, Esq., &c. 



Mr. Madison to Mr. Monroe. 

Washington, March 1, 1803. 

Dear Sir, — Since you left us we have no further intelligence from 
New Orleans, except a letter dated January 20th from the Vice Con- 
sular agent there, from which it appears that the letters to the Gover- 
nor and Intendant from the Spanish Minister here had arrived about 
the 13th, and had not, on the 20th, produced the desired change in the 
state of things. The delay, however, does not seem to have been 
viewed by the Consul as any proof that the Intendant would not con- 
form to the interposition. The idea continued that he had taken his 
measures without orders from his Government. There are letters 
(according to that from the Consul) for the Marquis Yrujo now on the 
way by land. These will probably shew whether the Intendant will 
yield or not. The despatch vessel which carried the Marquis's letters 
is not yet returned. The detention of her beyond the allotted time is 
favorably interpreted by him, on the presumption that she waits for a 
satisfactory answer, which the pride of the Intendant postpones as long 
as possible. 

The newspapers will have informed you of the turn given to the 
proceedings of Congress on the subject of New Orleans, &c. The 
propositions of Mr. Ross in the Senate, which drove at war thro' a 
delegation of unconstitutional power to the Executive, were discussed 
very elaborateh^, and v}ith open doors. The adversaries of them tri- 
umphed in the debate, and threw them out by 15 votes against 11. On 
the motion of Mr. Breckenridge, measures of expenseless or cheap 
preparation, in the style of those which attended Mr. Jay's mission to 
G. Britain, have been agreed on in the Senate. It is uncertain whether 
even these will pass the House of Representatives. If they should, as 
is, perhaps, not improper, they will not be understood as indicating 
views that ought to excite suspicions or unfriendly sensations in either 
of the Governments to which j^our Mission is addressed. The truth is, 
that justice and peace prevail not only in the public councils, but in 
H. Doc. 431 8 



114 PURCHASE OF THE TERRITORY OF LOUISIANA. 

the body of the coinmunity; and Avill continue to do so as long as the 
conduct of other nations will permit. But France and Spain cannot be 
too deeply impressed with the necessity of revising- their relations to 
us thro' the Mississippi, if they wish to enjoy our friendship, or pre- 
clude a state of things which will be more formidable than an}^ that 
either of those powers has yet experienced. Some adjustments, such 
as those which you have to propose, have become indispensable. The 
whole of what we wish is not too much to secure permanent harmon}' 
between the parties. Something much better than has hitherto been 
enjoyed b}^ the States is essential to any tolerable degree of it, even 
for the present. * * * 



[Extract.] 

Mr. Madison, Secretary of State, to James Monroe. 

Department of State, March ^, 1803. 

Sir: You will herewith receive two commissions with the corre- 
spondent instructions, in which you are associated as Minister Plenipo- 
tentiary and Extraordinary to the French Republic and to His Catliolic 
Majest}"; together with the respective letters of credence to those 
Governments. 

Your mission to Madrid will depend on the event of that to Paris, 
and on the information there to be acquired. Should the entire cession 
in view be obtained from the French Republic, as the assignees of 
Spain, it will not be necessary to resort to the Spanish Government. 
Should the whole or any part of the cession be found to depend, not 
on the French, but on the Spanish Government, you will proceed to ]oin 
Mr. Pinckney in the requisite negotiations with the latter. Although 
the United States are deepl}^ interested in the complete success of 
5'our mission, the Floridas, or even either of them, without the island 
of New Orleans, on proportionate terms, will be a valuable acquisition. 
I have the honor to be, &c. , 

James Madison. 

James Monroe, Esq., &c. 



Mr. Livingston to Mr. Madison. 

Paris, March 3, 1803. 
Dear Sir: You will receive, with this, duplicates of two letters 
which contain a general statement of our affairs here. This is merely 
to inform you that I have received your letter of the 18th of Januaiy, 
in which you notify me of Mr. Monroe's appointment. I shall do 
everything in my power to pave the wa}' for him; and sincerely wish 



PURCHASE OF THE TERRITORY OF LOUISIANA. 115 

his mission may be attended with the desired effect. It will, however, 
cut off one resource on which 1 greatl}^ relied; because I had estab- 
lished a confidence which it will take Mr. Monroe some time to inspire. 
Enclosed is a letter addressed to the First Consul himself, and sent 
him before I heard of Mr. Monroe's appointment. The Minister told 
me yesterda}^ that I should have an answer to it in a few^ da3^s. What 
that answer will be 1 know not: but 1 have been indefatigable in my 
applications to everybody who will probably be consulted on this 
subject. When I arrived here 1 found Louisiana a very favorite 
object. Some books were published representing- it as a paradise. I 
think I have greatly aided in dispelling this mania; and, had the Flori- 
das been granted, and the necessary powders given me, I believe that 
something might have been effected; because at this moment there is 
not a man al)out the Court ))ut inclines to our ideas upon the subject. 
The Floridas are still in the hands of Spain. I have explained the 
cause in my last: and not knowing how far we might succeed in our 
negotiations, or what sacrifices you would make. I have thought it 
best to use ever}^ exertion with the Spanish Ambassador and the British 
Minister to obstruct that negotiation. 

The person of whom 3"ou speak may be al)le to give you information 
as to the expedition; because he had passed as an important inhabitant 
of the island, and the General, &c., relied upon his aid in their money- 
making plans. I am much surprised, however, that he should talk of 
the designs of this Court, the price, &c. ; because these he must have 
derived from his imagination only; as he had no means of seeing any- 
body here that could give him the least information on those subjects. 
I mention this that the President may not place any sort of reliance 
upon what he receives through that channel, except as it respects Gen- 
eral Victor personally; who, I will venture to say, knows himself less 
about what passes here than you do: and even this information he 
must receive with some grains of allowance, as the gentleman has a 
prett}' warm imagination, and is liable to be deceived. 

The armament is still icebound in Holland. 
I am, sir, &c., 

Robert R. Livingston. 

Hon. James Madison, 

Secretary of State. 



Mr. Livingston to Citizen Bonaparte, First Consul of France and Presi- 
dent of the Italian Republic. 

Paris, Fehruary 27., 1803. 
Citizen First Consul and President: Though I am satisfied that 
my notes to the Minister of Exterior Relations have been truly repre- 
sented to 3'ou, yet as, in the inunense variety of important objects that 



116 PURCHASE OF THE TERRITORY OF LOUISIANA. 

occupy your time and attention, they may have escaped 3'our memory, 
1 can not justify myself to my Government without making every 
effort to bring them under your view; since I consider the object of 
them as too closely connected with that harmony which can not be indif- 
ferent to two countries whose physical and political relations enable 
them to be mutually serviceable to each other. And 1 find that it has 
not been unusual, upon great occasions, for the Ministers of foreign 
Powers to address themselves directly to you. This I prefer to do by 
letter, rather than by personal conference; as well because I consider it 
as more saving of your time, as because 1 feared that my imperfect 
knowledge of the French language would have prevented me from 
expressing myself with the clearness I might wish. 

I pass over, citizen First Consul, a variety of circumstances of minor 
importance, and, which, without being useful to France, serve to dis- 
tress the commerce and the mercantile citizens of the United States, 
which have, at different times, been represented to the Minister for 
Foreign Affairs, and others of your Ministers, without having hitherto 
met with the attention they merited. I presume, when a negotiation 
shall be set on foot for the arrangements on great points, smaller ones 
will meet with little difficulty. 

The claims of the American citizens against the Government of 
France, are so well founded that no administration that ever prevailed 
in France has refused to recognize them; and even after the debts of 
the citizens of France were reduced by the law of 24th Frimaire, 3'ear 
6, the Government declared that those due to foreigners were not 
comprised in the regulation; for this obvious reason, doubtless, that 
they were not to be benefited by the revolution, and that those only 
would be justly charged with the expenses to whom the advantages 
were to result; and they accordingly reported, that a large sum should 
be applied to the discharge of the demands of foreigners; who were 
only deprived of the benefit of the report b}^ the change that was after- 
wards effected in the constitution. In this report France pursued 
the example of good faith set by the United States of America, who, 
in the fiscal arrangements, which necessity compelled them to adopt, 
respected the rights of foreigners, and paid their contracts, with the 
most scrupulous exactitude, in specie, while their own citizens were 
compelled to acquiesce in those arrangements which the general 
interest of their country (in whose prosperity they were benefited) 
rendered necessary. 

If, sir, the validity of claims could be tested either by the advan- 
tages received by the debtor, or the loss sustained by the creditor, 
none can stand upon stronger ground than those of American citizens 
against France. They are chiefl}^ founded upon contracts, for articles 
of the first necessity, furnished when they were most needed, and 
when the want of them would have plunged France in the utmost 



PURCHASE OF THE TERRITORY OF LOUISIANA. 117 

distress. They were furnished, too, at the greatest risk to the pro- 
prietor, and to so little comparative advantage to the furnisher, that 
those who either from political motives, or from juster combination, 
carried similar commodities to Britain or neutral ports, have been 
enriched, while those whose enthusiasm in the cause of France led 
them to seek her harbors will, if strictly paid their capital and interest, 
be barely snatched from ruin. It was this predilection, too, in favor 
of France, that furnished Britain with a pretense to commit those 
depredations on our commerce, by which it so materially suffered, but 
which, indeed, ever attentive to the preservation of her interests in 
the United States, she is, of late, very amply compensating b}^ full 
payment of principal, interest, and damages, for any illegal capture 
made during the war; while compensation for those which fell under 
that description in France have, in a great measure, been given up by 
the late convention; and that due for the remaining few, which ought 
to have been satisfied by that treaty, have been eluded by some very 
extraordinary decisions of the Council of Prizes, or by that delay 
which all the claims of American citizens have hitherto met with. 

But, citizen First Consul, it is not now necessary to state the jus- 
tice of American claims : this has been solemnly recognized by a treaty 
which expressly stipulates for their payment, and distinguishes the 
claims of American citizens from those of ever}^ other nation. This 
treat}^ had been carried into effect in the United States, the Govern- 
ment of which, not allowing themselves to doubt the good faith of 
France, paid into the hands of the agent of France, and upon hisapj^li- 
cation, a very considerable sum of money, even before it could be 
strictly claimed under the treaty, and at the moment w^hen her own 
citizens were entitled to a considerable balance to France; listening, 
in this transaction, only to those sentiments of good will which 
influence the conduct of the present Government of the United States 
toward France, and to her wish to aid her military operations. 

There may be cases, citizen First Consul, in which the necessities 
of a nation may compel her to leave the obligations of a treaty unful- 
filled ; but, after the flattering picture which is daily exhibited of the 
prosperity of France, I trust that no such necessity exists here; but, 
were it otherwise, I am persuaded that you will think that the nation 
who pleads her necessities for the l)reach of her treaties can not, with 
honor, avail herself of advantages to be drawn from those treaties. 

France would never have permitted her Minister to claim a payment 
under the treatj", if she had not determined also, on her part, to pa}^ 
all that was due from her in virtue of it. 

Your signature, citizen First Consul, the attention you manifested 
to remove ambiguities, by the form under which you were pleased to 
ratify it, gave a peculiar weight to the treaty, because thej^ show that 
it was naturally examined by you, and not passed over in the hurr}" of 



118 PURCHASE OF THE TERRITORY OF LOUISIANA. 

other business. But, sir, the receivino- money under it is such a con- 
summation of the act, as would make it criminal in me to doubt your 
ultimate intention to fulfill it. 

If, sir, justice, if good faith, and those considerations of magna- 
nimity which influence great nations, urge the immediate fulfillment 
of the treaty, the wisdom of the provision which stipulates for the dis- 
charge of the debt is evinced by its being more consistent even with 
the pecuniarv interest of France to make the fullest payment under it, 
than it would have been to have canceled the debt by the treaty. 
How early, and how happily soever the war may terminate in the 
islands, it will take man}^ years before this capital is restored, and the 
waste of war repaired. 

During the whole of this period considerable supplies must be 
obtained from the United States. Let them stand at the moderate 
sum of twenty millions annually. This must be paid either in specie 
shipped from France, or by credits obtained in the United States. The 
interest of mone}^, as applied to any improvement in agriculture or 
manufactures in France, is at least worth eight per cent. ; the loss upon 
the French coin shipped to the United States, is not less than two and 
one-half per cent. , the risk or insurance two and one-half, the time the 
money must be unemployed before it is shipped in its transit and in 
America, will average about six months; which makes, at the rate of 
eight per cent, interest, four per cent. : these different sums make the 
loss upon the shipment of money to America not less than nine per 
cent. This, upon twent}^ millions, is one million eight hundred thou- 
sand, whereas, the American debt, principal and interest, computing it 
at twent}^ millions, if funded, would only require one million to dis- 
charge the interest; and in case this debt was funded, it would be 
unnecessary to ship any mone}^: for, in that case, the credit of France 
would be so firmly established, that mone}^ might be obtained in any 
part of America for Government bills, at the current rate of exchange, 
which is generally in favor of the commercial nations of P^urope, but 
would, in no event, amount to more than three per cent.; upon which, 
supposing the bills wore drawn at sixty days, France would receive an 
actual profit to more than this amount in the use of money in America, 
many months before it became payable in France. 

But this consideration, citizen First Consul, is trifling when com- 
pared to the advantage France would derive from keeping her money 
at home, where it is so much needed to invigorate her commerce and 
manufactures, and from the facilities that payments made here to 
American merchants would afford, in the extension of their conunei'ce 
with France; notwithstanding the loss that the American creditor 
would sustain l)y receiving stock instead of money, after so many 
years of delay, yet, acconuuodating themselves to the circumstances of 
the nation, they would readily acquiesce in accepting that species of 



PURCHASE OF THE TERRITORY OF LOUISIANA. 119 

payment, if none more advantageous can be convenient!}' oli'ered by 
the Government. Nor can I, citizen First Consul, see but one possible 
objection to placing the American debt upon the five per cent stock; 
the trilling interest can certain!}' be no consideration, unless the Gov- 
ernment should apprehend a depression of the stock by the quantit}^ 
of American debt that their necessities may induce them to throw into 
the market. But, sir, this may be easil}" guarded against, if some plan 
should be adopted, which, having a reference to Louisiana, ma}^ render 
the United States debtor to France for a greater amount than Avhat is 
due to their citizens; in which case, I am prepared to enter into stipu- 
lations for such provisions as will prevent any possible depression of 
the French funds. Or if, citizen First Consul, you should not think 
it proper to treat upon the affairs of Louisiana, as having any reference 
to this object, still it will be easy (by compelling the American 
creditors to subscribe, in the name of some trustee that shall be 
appointed b}- their minister,) to prevent any sale of the stock the}- hold, 
under a limited price, or within a limited time. 

The next object that has awakened the sensibilities of the United 
States is, the change that is about to take place in the situation of 
liouisiana, heightened, as they are, by the silence which the Govern- 
ments of France and Spain have observed, and still observe, with 
respect to their treaty, and the rights that the United States claim, and 
have long exercised, at New Orleans. I have pressed the Minister to 
some pointed declaration on the subject of our right of depot at New 
Orleans, on the limits as settled with Spain, and on the navigation of 
the Mississippi; for though it necessarily follows that those rights can 
not be injured by a change of jurisdiction, yet it would have been 
highly satisfactory to the United States to have received some such 
assurances upon these subjects as would have shown that the treaty 
between them and Spain was clearly understood, and served to over- 
awe such of the officers of Government, as, emljoldened by their dis- 
tance from the Sovereign, might act from their own impressions. A 
recent event, citizen First Consul, has demonstrated the extreme sensi- 
bility of the United States on this subject. The Litendant of New 
Orleans having thought it proper to withdraw the right of depot, 
secured to the citizens of the United States by the Treaty of Madrid, 
a spirit of resentment has been manifested from one end of the Union 
to the other, and nothing but the interposition of the Spanish ]\Iinis 
ter, the disavowal of the act by the Governor of New Orleans, and the 
extreme solicitude of the American Government to avoid everything 
which might have a tendency to interrupt the harmony which at pres- 
ent so happily subsists between the United States and every Power in 
Europe, could have prevented an immediate recurrence to arms; nor 
am I now without apprehension that, if nothing is done to calm their 
anxiety before the season for l)ringing down the produce of the coun- 



120 PUKCHASE OF THE TERKITORY OF LOUISIATSTA. 

try occurs, the Government will be compelled to follow the impulse of 
the people. Under these circumstances, citizen First Consul, it can 
not appear improper, prizing, as I do, the connextion between our 
respective countries, to press for some such explicit and earl}^ declara- 
tion on the subject of our rights as will serve to calm the anxiety of the 
United States. Should the agents of France, who are to take posses- 
sion of the Colony, continue the regulations in the face of the treaty 
which they may find established b}^ the Spanish Intendant, a fatal 
blow will be struck at the future peace and harmony of both countries. 
That 1 may not intrude too far upon j^our patience, I will merel}^ take 
the libert}^ to transport such loose hints as you may possibh^ think 
might be improved into some arrangements, alike useful to France 
and the United States, should you deem it proper to appoint some per- 
son to treat with me on this subject. But, in the meantime, as the 
moments are precious, and the United States will suffer extremely in 
their commerce, if the officers of France, who are directed to take 
possession, should not be explicitlj^ instructed to respect the right of 
navigation and depot claimed by the United States, I must earnestly 
solicit some treaty; explanatory of the terms on which France has 
received the cession of Louisiana from Spain, and recognizing the 
rights of the United States. Should you, citizen First Consul, vol- 
untarily add, as an expression of your good will, provisionally, in case 
the cession of the Floridas should be completed, a grant to the United 
States of the free passage through the rivers Mobile and Pensacola, 
together with a right of depot at their mouths, you would, while j^ou 
were serving the commerce of France, confer an obligation on the 
United States that would greatly tend to strengthen the bands of 
friendship between the allied nations. For though the commerce 
of these rivers is, at present, very insignificant, yet, at some future 
period, when the country settles, it may become more important; and, 
in the meantime, the cession would derive considerable value from 
the evidence it would afford to the United States of your friendly 
disposition. 

That France will never derive any advantage from the colonization 
of New Orleans and the Floridas, is fairly to be presumed, from their 
having been possessed, for more than a century past, by three differ- 
ent nations. While the other colonies of these nations were increasing 
rapidly, these have alwa3\s remained weak and languid and an expen- 
sive burden to the possessor. Even at this moment, with all the 
advantages that New Orleans has derived from foreign capital, and an 
accession of inhabitants from the United States, which has brought its 
free population to about 7,000 souls, the whole of the inhabitants east 
of the Mississippi does not more than double that number; and those, 
too, are, for the most part, poor and miserable; and there are physical 
reasons that must forever render thoni inadequate to their own sup- 



PURCHASE OF THE TERRITORY OF LOUISIANA. 121 

port, in the hands of any European nation. They are, however, 
important to the United States, because they contain the mouths of 
some of their rivers, which must. make them the source of continual 
disputes. The interest that the United States attach, citizen First 
Consul, to your friendship, and the alliance of France, is the principal 
cause of their anxiety to procure 3^our consent to their accession of 
that country, and of the sacrifices that they are willing- to make to 
attain it. They consider it as the only possible ground of collision 
between nations whom so many other interests unite. I can not, then, 
citizen First Consul, but express my doubt of any advantage to be 
derived to France from the retaining of that country in its whole 
extent; and I think I could show that her true interest would lead her 
to make such cessions out of them to the United States as would at 
once afford supplies to her islands, without draining the money of 
France, and rivet the friendship of the United States, b}^ removing all 
ground of jealousy relative to a country of little value in itself, and 
which will be perpetually exposed to the attacks of her natural enemy, 
as well from Canada as by sea. 

Should this idea not be so fortunate as to meet your approbation, 
there are still a variety of views in which, by a partial cession, perma- 
nent commercial advantages mav be acquired; but it would be to 
intrude too much upon your time to detail them here, deeming them 
more proper subjects for discussion, if you should think it proper to 
render them the objects of a treaty. 

Permit me, citizen First Consul, before I conclude, to mention a 
circumstance which embraces the interest both of France and the 
United States, and of humanit3\ The savages on the east side of the 
Mississippi are numerous and brave; considerable sums of money are 
annually expended by Spain in purchasing their friendship. Should 
these supplies be withheld, through neglect or misapplication, a uni- 
versal massacre of all th^ planters will ensue. Their detached situation 
renders it impossible to protect them. I am the more emboldened in 
making this observation, from the interest the United States have in 
turning joixr attention to this object, since, should this melancholy 
event take place, malignity, or those whose negligence or infidelity 
may have occasioned it, will not fail to impute it to the intrigues of 
the United States. 

I pray you, citizen First Consul, to pardon the length of this letter, 
which 3'ou will have the goodness to attribute to my extreme anxiety 
to remove all causes of dispute between France and the countr}- I 
represent, and to my conviction that some early and effectual arrange- 
ments are necessar}' to prevent those that already exist from growing 
to an alarming height. No evil can possibly arise from empowering 
the Minister, oi such other person as you shall please, to treat with 
me on the subject of New Orleans; since even the appointment itself 



1'22 PURCHASE OF THE TERRITORY OF LOUISIANA. 

will have a conciliatory appearance, and you, citizen First Consul, 
will govern the negotiation, in which, I trust, nothing will be proposed 
on my part, that will not be equally beneficial to both France and the 
United States. 

I have the honor, citizen First Consul, to remain, with the most 
profound respect and the highest consideration, your most obedient, 
hum])le servant, 

Robert R. Livingston. 



The Secretary of State to Messrs. Livingston and Monroe. 

Department of State, March ^, 1803. 

Gentlemen: You will herewith receive a commission and letters of 
credence, one of you as Minister Plenipotentiaiy, the other as Minister 
Extraordinary and Plenipotentiary, to treat with the Government of 
the French Republic on the subject of the Mississippi, and the terri- 
tories eastward thereof, and without the limits of the United States. 
The object in view is to procure, by just and satisfactory arrangements, 
a cession to the United States of New Orleans, and of West and East 
Florida, or as much thereof as the actual proprietor can be prevailed 
on to part with. 

The French Republic is understood to have become the proprietor, 

by a cession from Spain, in the year , of New Orleans, as part of 

Louisiana, if not of the Floridas also. If the Floridas should not have 
been then included in the cession, it is not improbable that they will 
have been since added to it. 

It is foreseen that you may have considerable difficulty in overcom- 
ing the repugnance and the prejudices of the French Government 
against a transfer to the United States of so important a part of the 
acquisition. The apparent solicitude and exertions, amidst many eni- 
bariassing circumstances, to carry into efi'ect the cession made to the 
French Republic; the reserve so long used on this subject by the French 
Government, in its communications with the Minister of the United 
States at Paris, and the declaration finally made l)y the French Minister 
of Foreign Relations, that it was meant to take possession before any 
overtures from the United States would be discussed, show the import- 
ance which is attached to the territories in question. On the other 
hand, as the United States have the strongest motives of interest, and 
of a pacific policy, to seek by just means the establishment of the Mis- 
sissippi, down to its mouth, as their boundary, so there are considi>ra- 
tions which urge on France a concurrence in so natural and so con- 
venient an arrangement. 

Notwithstanding the circumstances which have been thought to 
indicate, in the French Government, designs of unjust encroachment, 



PUKCHASE OF THE TERRITORY OF LOUISIANA. 123 

and even direct hostility, on the United States, it is scarcely possible 
to reconcile a polic}^ of that sort with an}'^ motives which can be pre- 
sumed to sway either the Government or the nation. To say nothing 
of the assurances given both by the French Minister at Paris, and by 
the Spanish Minister at Madrid, that the cession by Spain to France 
was understood to carry with it all the conditions stipulated by the 
former to the United States, the manifest tendenc}^ of hostile measures 
against the United States to connect their councils*and their colossal 
growth with the great and formidable rival of France, can neither 
escape her discernment, nor be disregarded by her prudence, and 
might alone be expected to produce very diilerent views in the 
Government. 

On the supposition that the French Government does not mean to 
force or to court war with the United States, but, on the contrary, that 
it sees the interest which France has in cultivating their neutralit}" and 
amity, the dangers to so desirable a relation between the two countries 
which lurk under a neighborhood modified as is that of Spain at pres- 
ent, must have great weight in recommending the change which you 
will have to propose. These dangers have been alwaj's sufficiently 
evident; and have, moreover, been repeatedly suggested by collisions 
between the stipulated rights or reasonable expectations of the United 
States and the Spanish jurisdiction at New Orleans. But they have 
been brought more strikingly into view by the late proceeding of the 
Intendant at that place. The sensibility and unanimity in our nation, 
which have appeared on this occasion, must convince France that 
friendship and peace with us must be precarious until the Mississippi 
shall be made the boundary between the United States and Louisiana; 
and consequently render the present moment favorable to the object 
with which 3'ou are charged. 

The time chosen for the experiment is pointed out also by other 
important considerations. The instabilit}" of the peace of Europe, the 
attitude taken by Great Britain, the languishing state of the French 
finances, and the absolute necessity of either abandoning the West 
India islands, or of sending thither large armaments at great expense, 
all contribute at the present crisis to prepare in the French Govern- 
ment a disposition to listen to an arrangement which will at once dry 
up one source of foreign controversy, and furnish some aid in strug- 
gling with internal embarrassments. It is to be added, that the over- 
tures committed to 3'ou coincide in great measure Avith the ideas of the 
person through whom the letter of the President of April 30, 1802, 
was conveyed to Mr. Livingston, and who is presumed to have gained 
some insight into the present sentiments of the French Cabinet. 

Among the considerations which have led the French Government 
into the project of regaining from Spain the province of Louisiana, 



124 PUKCHASE OF THE TERRITOKY OF LOUISIANA. 

and which you may find it necessary to meet in your discussions, the 
following suggest themselves as highly probable: 

First. A jealousy of the Atlantic States, as leaning to a coalition with 
Great Britain not consistent with neutrality and amity toward France, 
and a belief that, by holding the key to the commerce of the Missis- 
sippi, she will be able to command the interests and attachments of the 
western portion of the United States, and thereb}^ either control the 
Atlantic portion also, or, if that can not be done, to seduce the former 
into a separate Government and a close alliance with herself. 

In each of these particidars the calculation is founded in error. 

It is not true that the Atlantic States lean toward anj^ connexion 
with Great Britain inconsistent with their amicable relations to France. 
Their dispositions and their interests equally prescribe to them amity 
and impartiality to both of those nations. If a departure from this 
simple and salutary line of policy should take place, the causes of it 
will ])e found in the unjust or unfriendly conduct experienced from 
one or other of them. In general, it may be remarked, that there are 
many points on which the interests and views of the United States and 
of Great Britain may not be thought to coincide, as can be discovered in 
relation to France. If less harmony and confidence should, therefore, 
prevail between France and the United States than may be maintained 
between Great Britain and the United States, the difference will lie, 
not in the want of motives, drawn from the mutual advantage of the 
two nations, but in the want of favorable dispositions in the Govern- 
ment of one or other of them. That the blame, in this respect, will 
not justly fall on the Government of the United States, is sufliciently 
demonstrated by the mission, and the objects with which 3'ou are now 
charged. 

The French Government is not less mistaken, if it supposes that the 
Western part of the United States can be withdrawn from their pres- 
ent union wdth the Atlantic part into a separate Government, closely 
allied with France. 

Our Western fellow-citizens are l)ound to the Union, not only by 
the ties of kindred and affection, which for a long time will derive 
strength from the stream of emigration peopling that region, but by 
two considerations which flow from clear and essential interests. 

One of these considerations is, the passage through the Atlantic 
ports of the foreign merchandise consumed by the Western inhabitants,, 
and the payment thence made to a treasury, in which they would lose 
their participation by erecting a separate Government. The bulky 
productions of the Western country ma}' continue to pass down the 
Mississippi; but the difficulties of the ascending navigation of that 
river, however free it may be made, will cause the imports for con- 
sumption to pass through the Atlantic States. This is the course 
through which the}' are now received; nor will the impost to which 



PUECHASE OF THE TERRITORY OF LOUISIANA. 125 

they will be subject change the course, even if the passage up the 
Mississippi should be duty free. It will not equal the difference in 
the freight through the latter channels. It is true that mechanical 
and other improvements in the navigation of the Mississippi maj^ 
lessen the labor and expense of ascending the stream; but it is not the 
least probable, that savings of this sort will keep pace with the improve- 
ments in canals and roads, by which the present course of impost will 
be favored. Let it be added, that the loss of the contributions thus 
made to a foreign treasury would be accompanied with the necessity 
of providing, by less convenient revenues, for the expense of a sepa- 
rate Government, and of the defensive precautions required by the 
change of situation. 

The other of these considerations results from the insecurity to 
which the trade from the Mississippi would be exposed by such a revo- 
lution in the western part of the United States. A connection of the 
Western people, as a separate State, with France, implies a connexion 
between the Atlantic States and Great Britain. It is found, from long- 
experience, that France and Great Britain are nearly half their time 
at war. The case would be the same with their allies. During nearly 
one-half the time, therefore, the trade of the Western country 
from the Mississippi would have no protection but that of France, 
and would suffer all the interruptions which nations having the com- 
mand of the sea could inflict on it. 

It will be the more impossible for France to draw the Western 
country under her influence, by conciliatory regulations of the trade 
through the Mississippi; because regulations which would be regarded 
by her as liberal, and claiming returns of gratitude, would be viewed 
on the other side as falling short of justice. If this should not be 
at first the case, it soon would be so. The Western people believe, as 
do their Atlantic brethren, that they have a natural and indefeasible 
right to trade freely through the Mississippi. They are conscious of 
their power to enforce this right against any nation whatever. With 
these ideas in their minds, it is evident that France will not be able to 
excite either a sense of favor, or of fear, that would establish an ascend- 
ency over them. On the contrary, it is more than probable, that the 
different views of their respective rights would quickly lead to disap- 
pointments and disgusts on both sides, and thence to collisions and 
controversies fatal to the harmony of the two nations. To guard 
against these consequences is a primarj^ motive with the United Stiites 
in wishing the arrangement proposed. As France has equal reasons 
to guard against them, she ought to feel an equal motive to concur in 
the arrangement. 

Secondly. The advancement of the commerce of France, b}^ an estab- 
lishment on the Mississippi, has, doubtless, great weight with the 
Government in espousing this project. 



126 PURCHASE OF THE TERRITOEY OF LOUISIANA. 

The commerce through the Mississippi will consist, first, of that of 
tlie United States; second, of that of the adjacent territories to be 
acquired by France. 

The first is now, and must for ages continue, tlie principal com- 
merce. As far as the faculties of France will enable her to share in 
it, the article to be proposed to her, on the part of the United States, 
on that subject, promises every advantage she can desire. It is a fair 
calculation that, under the proposed arrangement, her commercial 
opportunities would be extended rather than diminished; inasmuch as 
our present right of deposit gives her the same competitors as she 
would then have, and the effect of the more rapid settlement of the 
Western country, consequent on that arrangement, would proportion- 
ally augment the mass of commerce to be shared by her. 

The other portion of commerce, with the exception of the island of 
New Orleans, and the contiguous ports of West Florida, depends on 
the territory westward of the Mississippi. \\'ith respect to this por- 
tion, it will be little affected by the cession desired by the United 
States. The footing proposed for her commerce, on the shore to be 
ceded, gives it every advantage she could reasona])ly wish, during a 
period within which she will be able to provide every requisite estab- 
lishment on the right shore, which, according to the best information, 
possesses the same facilities for such establishments as are found on 
the island of New Orleans itself. These circumstances essentially 
distinguish the situation of the French commerce in the Mississippi, 
after a cession of New Orleans to the United States, from the situation 
of the commerce of the United States, without such a cession; their 
right of deposit ])eing so much more circumscribed, and their territory 
on the Mississippi not reaching low enough for a commercial estab- 
lishment on the shore, within their present limits. 

There remain to be considered the commerce of the ports in the 
Floridas. With respect to this branch the advantages which will be 
secured to France by the proposed arrangement ought to be satisfac- 
tory. She will here also derive a greater share from the increase 
which will be given, b}'^ a more rapid settlement of a fertile territory, 
to the exports and imports through those ports, than she would obtain 
from an}" restrictive use she could make of those ports as her own 
property. But this is not all. The United States have a just clami to 
the use of the rivers which pass from their territories through the 
Floridas. They found their claim on like principles with those which 
supported their claim to the use of the Mississippi. If the length of 
these rivers be not in the same proportion with that of the Mississippi, 
the difference is balanced by the circumstance that both banks, in the 
former case, belong to the United States. 

With a view to permanent harmony between the two nations, a ces- 
sion of the Floridas is particularly to be desired, as obviating serious 



PURCHASE OF THE TERRITORY OF LOUISIANA. 127 

controversies that might otherwise grow even out of the regulations, 
however liberal in the opinion of France, which she may establish at 
the mouths of those rivers. One of the rivers, the Mobile, is said 
to be at present navigable for four hundred miles above the thirty- 
first degree of north latitude, and the navigation may no doubt be 
opened still further. On all of them, the country within the boundary 
of the United States, though otherwise between that and the sea, is 
fertile. Settlements on it are beginning; and the people have already 
called on the Government to procure the proper outlets to foreign 
markets. The President, accordingly, gave, some time ago, the proper 
instructions to the Minister of the United States at Madrid. In fact, 
our free communication with the sea through those channels is so 
natural, so reasonable, and so essential, that, eventuall}", it must take 
place: and in prudence, therefore, ought to be amicably and effectually 
adjusted without delay. 

Third. A further object with France may be, to form a colonial 
establishment having a convenient relation to her West India islands, 
and forming an independent source of supplies for them. 

This object ought to weigh but little against the cession we wish to 
obtain, for two reasons: first, because the country which the cession 
will leave in her hands on the right side of the Mississippi is capable 
of employing more than all the faculties she can spare for such an 
object, and of yielding all the supplies which she could expect or wish 
from such an establishment: second, because in times of general peace 
she will be sure of receiving whatever supplies her islands may want, 
from the United States, and even through the Mississippi, if more 
convenient to her; because in time of peace with the United States, 
though of war with Great Britain, the same sources will be open to her, 
whilst her own would be interrupted; and because in case of a war with 
the United States, which is not likely to happen without a concurrent 
war with Great Britain, (the only case in which she could need a dis- 
tinct fund of supplies,) the entire command of the sea, and of the trade 
through the Mississippi, would be against her, and would cut off the 
source in question. She would consequently never need the aid of her 
new colony, but when she could make little or no use of it. 

There ma}^ be other objects with France in the projected acquisition; 
but they are probably such as would be either satisfied ])}' a reservation 
to herself of the country on the right side of the Mississippi, or are of 
too subordinate a character to prevail against the plan of adjustment 
we have in view, in case other difficulties in the way of it can be over- 
come. The principles and outlines of this plan are as follows, viz: 

Article 1. France cedes to the United States forever the territory 
east of the river Mississippi, comprehending the two Floridas, the 
island of New Orleans, and the islands lying to the north and east of 
that channel of the said river, which is commonly called the South Pass, 



128 PUKCHASE OF THE TEEKITORY OF LOUISIANA. 

together with all such other islands as appertain to either West or East 
Florida; France reserving- to herself all her territory on the west side 
of the Mississippi. 

Art. 2. The boundary between the territory ceded and reserved b}'^ 
France, shall be a continuation of that already defined above the thirty- 
first degree of north latitude, viz: the middle of the channel or bed of 
the river through the said South Pass to the sea. The navigation of 
the river Mississippi in its whole breadth from its source to the ocean, 
and in all its passages to and from the same shall be equally free and 
common of the United States and of the French Republic. 

Art, 3. The vessels and citizens of the French Republic may exer- 
cise commerce to and at such places on their respective shores below 
the said thirty-first degree of north latitude as may be allowed for 
that use by the parties to their respective citizens and vessels. And 
it is agreed that no other nation shall be allowed to exercise commerce 
to or at the same or any other place on either shore, below the said 
thirty-first degree of latitude. For the term of ten years, to be com- 
puted from the exchange of ratifications hereof, the citizens, vessels, 
and merchandises of the United States, and of France, shall be subject 
to no other duties on their respective shores, below the said thirty-first 
degree of latitude, than are imposed on their own citizens, vessels, and 
merchandises. No duty whatever shall, after the expiration of ten 
years, be laid on articles the growth or manufacture of the United 
States, or of the ceded territory, exported through the Mississippi in 
French vessels; so long as such articles so exported in vessels of the 
United States shall be exempt from duty: nor shall French vessels 
exporting such articles ever afterwards be subject to pay a higher 
duty than vessels of the United States. 

Art. 4. The citizens of France may, for the term of ten years, 
deposit their eliects at New Orleans, and at such other places on the 
ceded shore of the Mississippi, as are allowed for the commerce of the 
United States, without paying any other duty than a fair price for 
the hire of stores. 

Art. 5. In ports of conuuerce of West and East Florida, France 
shall never be on a worse footing than the most favored nation; and 
for the term of ten 3'ears her vessels and merchandise shall be subject 
therein to no higher duties than are paid by those of the United 
States. Articles of the growth or manufacture of the United States, 
and of the ceded territor}^ exported in French vessels from any port 
in West or East Florida, shall be exempt from dut}' as long as vessels 
of the United States shall enjoy this exemption. 

Art. 6. The United States, in consideration of the cession of terri- 
tory made by this treaty, shall pay to France millions of livres 

tournois, in the manner following, viz: They shall pay millions 

of livres tournois immediately on the exchange of the ratifications 



PURCHASE OF THE TERRITOBY OF LOUISIANA. 129 

hereof; thej shall assume, in such order of priority as the Govern- 
ment of the United States may approve, the payment of claims which 
have been or may be acknowledged by the French Republic to be due 
to American citizens, or so much thereof as, with the pa3'ment to be 
made on the exchange of ratifications, will not exceed the sum of 

; and in case a balance should remain due after such payment and 

assumption, the same shall be paid at the end of one year from the 
final liquidation of the claim hereby assume.d, which shall be pa3"able 
in three equal annual payments, the first of which is to take place one 
year after the exchange of ratifications, or they shall bear interest, at 
the rate of 6 per cent, per annum, from the dates of such intended pay- 
ments, until they shall be discharged. All the a}»ove-mentioned pay- 
ments shall be made at the Treasury of the United States, and at the 
rate of one dollar and ten cents for every six livres tournois. 

Art. 7. To incorporate the inhabitants of the hereb}^ coded territory 
with the citizens of the United States on an equal footing, being a 
provision which can not now be made, it is to be expected, from the 
character and policy of the United States, that such incorporation will 
take place without unnecessar}^ delay. In the meantime they shall be 
secure in their persons and property, and in the free enjoyment of their 
religion. 

OBSERVATIONS ON THE PLAN. 

1st. As the cession to be made b}^ France in this case uuist rest 
on the cession made to her ))y Spain, it might be proper that Spain 
should be a party to the transaction. The objections, however, to 
delay, require that nothing more be asked on our part than either an 
exhibition and recital of the treaty between France and Spain, oi- an 
engagement on the part of France, that the accession of Spain will be 
given. Nor will it be advisable to insist even on this nuich, if attended 
with difiiculty or delay, unless there be ground to suppose that Spain 
will contest the validity of the transaction. 

2d. The plan takes for granted, also, that the Treaty of 1795, 
between the United States and Spain, is to lose none of its force in 
behalf of the former, by any transactions whatever between the latter 
and France. No change, it is evident, will be, or can be admitted to 
be produced in that treaty, or in the arrangements carried into eflFect 
under it, further than it may be superceded by stipulations between 
the United States and France, who will stand in the place of Spain. 
It will not be amiss to insist on an express recognition of this by 
France as an effectual bar against pretexts of any sort, not compatible 
with the stipulations of Spain. 

3d. The first of the articles proposed, in defining the cession, refers 
to the south pass of the Mississippi, and to the islands north and east 
of that channel. As this is the most navigable of the several chan- 
H. Doc. 431 9 



130 PURCHASE OF THE TERRITORY OF LOUISIANA. 

nels, as well as the most direct course to the sea, it is expected that 
it will not be objected to. It is of the greater importance to make it 
the boundary, because several islands will be thereby acquired, one of 
which is said to command this channel, and to be alread}^ fortilied. 
The article expressly includes also the islands appertaining- to the 
Floridas. To this there can be no objection. The islands within six 
leagues of the shore are the subject of a British proclamation in the 
year 1763, subsequent to the cession of the Floridas to Great Britain 
by France, which is not known to have ever been called in question 
by either France or Spain. 

The second article requires no particular observations. 

Article three is one whose import may be expected to undergo the 
severest scrutiny. The modification to be desired is that which, whilst 
it provides for the interests of the United States, will be acceptable 
to France, and will give no just ground of complaint and the least of 
discontent to Great Britain. 

The present form of the article ought, and probably will be, satis- 
factory to France: first, because it secures to her all the commercial 
advantages in the river which she can well desire; secondly, because it 
leaves her free to contest the mere navigation of the river by Great 
Britain, without the consent of France. 

The article, also, in its present form, violates no right of Great Brit- 
ain, nor can she reasonably expect of the United States that they will 
contend, ])evond their obligation, for her interest, at the expense of 
their own. As far as Great Britain can claim the use of the river under 
her treaties with us, or by virtue of contiguous territory, the silence 
of the article on that subject leaves the claim unaffected. As far again 
as she is entitled under the treaty of 1794, to the use of our bank of 
the Mississippi above the thirty -first degree of north latitude, her title 
will be equally entire. The article stipulates against her only in its 
exclusion of her commerce from the bank to be ceded })elow our 
present limits. To this she can not of right object. First, because, 
the territory not belonging to the United States at the date of our 
treaty with her, is not included in its stipulations. Secondly, because 
the privileges to be enjoyed by France are for a consideration which 
Great Britain has not given and can not give. Thirdly, because the 
exclusion in this case being a condition on which the territory will be 
ceded and accepted, the right to coranmnicate the privilege to Great 
Britain will never have been vested in the United States. But although 
these reasons fully justify the article in its relation to Great Britain, 
it will be advisable, before it be proposed, to feel the pulse of the French 
Government with respect to a stipulation, that each of the parties may, 
without the consent of the other, admit whomsoever it pleases to navi- 
gate the river and trade with their respective shores, on the same terms 
^s in other parts of France and the United States, and as far as the 



PURCHASE OF THE TERRITOEY OF LOUISIANA. 131 

disposition of that Government will concur, to vary the proposition 
accordingl}". It is not probable that this concurrence will be given, 
but the trial to obtain it will not only manifest a friendly regard to the 
wishes of Great Britain, and, if successful, furnish a future price for 
privileges within her grant, but is a just attention to the interests of 
our Western fellow-citizens, whose commerce will not otherwise be 
on an equal footing with that of the Atlantic States. 

Should France not only refuse any such change in the article, but 
insist on a recognition of her right to exclude all nations other than 
the United States from navigating the Mississippi, it may be observed 
to her that a positive stipulation to that effect might subject us to the 
charge of intermeddling with and prejudging questions merely exist- 
ing between her and Great Britain; that the silence of the article is 
sufficient; that, as Great Britain never asserted a claim on this subject 
against Spain, it is not to be presumed that she will assert it against 
France, on her taking the place of Spain; that, if the claim should be 
asserted, the treaties between the United States and Great Britain will 
have no connexion with it, the United States having, in those treaties, 
given their separate consent only to the use of the river by Great 
Britain, leaving her to seek whatever other consent may be necessary. 

If, notwithstanding such expostulations as these, France shall 
inflexibly insist on an express recognition to the above effect, it will be 
better to acquiesce in it, than to lose the opportunity of tixing an 
arrangement in other respects satisfactory; taking care to put the 
recognition into a form not inconsistent with our treaties with Great 
Britain, or with an explanatory article that may not improbably be 
desired by her. 

In truth, it must be admitted, that France, holding one bank, may 
exclude from the use of the river any nation not more connected with 
it by territory than Great Britain is understood to be. As a river 
where both its banks are owned by one nation belongs exclusively to 
that nation, it is clear that, when the territory on one side is owned by 
one nation, and on the other side by another nation, the river belongs 
equally to both, in exclusion of all others. There are two modes b\" 
which an equal right may be exercised; the one by a negative in each 
on the use of the river by any other nation, except the joint propri- 
etor: the other by allowing each to grant the use of the river to other 
nations, with the consent of the joint proprietor. The latter mode 
would be preferable to the United States. But if it be found abso- 
lutely inadmissible to France, the former must, in point of expediency, 
since it may in point of right, be admitted by the United States. Great 
Britain will have less reason to be dissatisffed on this account, as she 
has never asserted against Spain a right of entering and navigating the 
Mississippi, nor has either she or the United States ever founded on the 
treaties between them a claim to the interposition of the other party 



132 PURCHASE OF THE TERRITORY OF LOUISIANA. 

in an}' respect, although the river has ))een constantly shut against 
Great Britain from the year 1783 to the present moment, and was not 
opened to the United States until 1795, the 3^ear of their treaty with 
Spain. 

It is possible, also, that France may refuse to the United States the 
same commercial use of her shores, as she will require for herself on 
those ceded to the United 'States. In this case, it will be better to 
relinquish a reciprocity than to frustrate the negotiation. If the 
United States held in their own right the shore to be ceded to them, 
the commercial use of it allowed to France would render a reciprocal 
use of her shore by the United States an indispensable condition. But 
as France may, if she chooses, reserv^e to herself the commercial use 
of the ceded shore as a condition of the cession, the claim of the United 
States to the like use of her shore would not be supported by the 
principle of reciprocity^ and may, therefore, without violating that 
principle, be waived in the transaction. 

The article limits to ten j^ears the equalit}^ of French citizens, ves- 
sels, and merchandises, with those of the United States: should a 
longer period be insisted on, it maj" be yielded. The limitation ma}^ 
even be struck out, if made essential l)y France; l)ut a limitation in this 
case is so desirable, that it is to be particularly pressed, and the 
shorter the period the better. 

Art. 4. The right of deposit, provided for in this article, will accom- 
modate the commerce of France to and from her own side of the river, 
until an emporium shall be estal)lished on that side, which it is well 
known will admit of a convenient one. The right is limited to ten 
3"ears, because such an establishment may within that period be formed 
by her; should a longer period be required, it may )>e allowed, 
especiall}" as the use of such a deposit would prol)a})ly fall within the 
general regulations of our commerce there. At the same t'mu\ as it 
will be better that it should rest on our own regulations than on a 
stipulation, it will be proper to insert a limitation of time, if France 
can be induced to acquiesce in it. 

Art. .5. This article makes a reasona))le provision for the commerce 
of France in the ports of West and East Florida. If the limitation to 
ten 3^ears of its l>eing on the same footing with that of the United 
States should form an insuperable objection, the term may l)e enlarged; 
but it is much to be wished that the privilege may not in this case be 
made perpetual. 

Art. 6. The pecuniary consideration to be offered for the territories 
in question is stated in the sixth article: 3'ou will of course favor the 
United States as much as possible, both in the amount and modifications 
of the payments. There is some reason to belicn^e that the gross sum 
expressed in the article has occurred to the French Government, and is 
as much as will be finally insisted on: it is possible that less ma}^ be 



PURCHASE OF THE TERRITORY OF LOUISIANA. 133 

accepted, and the negotiation ought to be adapted to that supposition. 
Should a greater sum be made an ultimatum on the part of France, the 
President has made up his mind to go as far as fifty millions of livres 
tournois, rather than lose the main object. Every struggle, however, 
is to be made against such an augmentation of the price, that will 
consist with ultimate acquiescence in it. 

The pa3'ment to be made immediately on the exchange of ratifica- 
tions is left blank; because it can not be foreseen either what the gross 
sum or the assumed debts will be, or how far a reduction of the gross 
sum may be influenced by the anticipated pa3'ments provided for b}^ 
the act of Congress herewith communicated, and by the authorization 
of the President and Secretary of the Treasury indorsed thereon. This 
provision has been made with a view to enable 3"0u to take advantage 
of the urgency of the French Government for money, which ma}^ be 
such as to overcome their repugnance to part with what we want, and 
to induce them to part with it on lower terms, in case a payment can be 
made l)efore the exchange of ratifications. The letter from the Secre- 
tary^ of the Treasury to the Secretar}^ of State, of which a copy is here- 
with inclosed, will explain the manner in which this advance of the ten 
millions of livres, or so much thereof as may be necessary, will be 
raised most conveniently for the United States. It only remains here 
to point out the condition or event on which the advance may be made. 
It will be essential that the convention be ratified by the French Gov- 
ernment before any such advance be made; and it may be further 
required, in addition to the stipulation to transfer possession of the 
ceded teri-itory as soon as possible, that the orders for the purpose, 
from the competent source, may be actually and inunediately put into 
your hands. It will l)e proper, also, to provide for the pa3'ment of the 
advances, in the event of a refusal of the LInited States to ratifj' the 
convention. 

It is apprehended that the French Government Vv ill feel no repug- 
nance to our designating the classes of claims and debts, which, embrac- 
ing more equitable considerations than the rest, we may believe entitled 
to a priority of payment. It is probable, thei'efore, that the clause of 
the sixth article, referring it to our discretion, ma}' be safely insisted 
upon. We think the following classification such as ought to be 
adopted b}- ourselves: 

First. Claims under the fourth article of the Convention of Septem- 
ber, ISOO; 

Secondly. Forced contracts or sales imposed upon our citizens by 
French authorities; and. 

Thirdly. Voluntary contracts which have been sufl^ered to remain 
unfulfilled by them. 

Where our citizens have become creditors of the French Govern- 
ment in consequence of agencies or appointments derived from it. the 



134 PURCHASE OE^ THE TERRITt>RY OF LOUISIANA. 

United States are under no particular obligation to patronize their 
claims, and,- therefore, no sacrifice of any sort, in their behalf, ought to 
be made in the arrangement. As far as this class of claimants can be 
embraced without eml)arrassing the negotiation, or influencing in any 
respect the demands or expectations of the French Government, it 
will not be improper to admit them into the provision. It is not 
probable, however, that such a deduction, from the sum ultimately to 
be received by the French Government, will be permitted, without 
some equivalent accommodation to its interests, at the expense of the 
United States. 

The claim of Mr. Beaumarchais, and several other French individu- 
als, on our Government, founded upon antiquated or irrelevant grounds, 
although they ma}^ be attempted to be included in this negotiation, 
have no connexion with it. The American Government is distin- 
guished for its just regard to the rights of foreigners, and does not 
require those of individuals to become subjects of treaty in order to be 
admitted. Besides, their discussion involves a variety of miiuite top- 
ics, with which you may fairly declare yourselves to be unacquainted. 
Should it appear, however, in the course of the negotiation, that so 
much stress is laid on this point, that, without some accommodation, 
your success will be endangered, it will be allowed to bind the United 
States for the payment of one million of livres tournois to the repre- 
sentatives of Beaumarchais, heretofore deducted from his accoxints 
against them; the French Government declaring the same never to 
have been advanced to him on account of the United States. 

Article 7 is suggested bv the respect due to the rights of the people 
inha))iting the ceded territory, and by the delay whick may l)e found 
in constituting them a regular and integral portion of the Union. 
A full respect for their rights might require their consent to the act of 
cession; and if the French Government should be disposed to concur in 
any proper mode of obtaining it, the provision would be honoralile to 
both nations. There is no doubt that the inhabitants would readily 
agree to the proposed transfer of their allegiance. 

It is hoped that the idea of a guaranty of the country reserved to 
France may not be brought into the negotiation. Should France pro- 
pose such a stipulation, it will be expedient to evade it, if possible, as 
more likely to be a source of disagreeable questions between the parties, 
concerning the actual casus foederis, than of real advantage to France. 
It is not in the least probable that Louisiana, in the hands of that 
nation, will be attacked by any other, whilst it is in the relations to 
United States on which the guaranty would be founded; whereas, 
nothing is more probable than some difference of opinion as to the 
circumstances and the degree of danger necessary to put the stipula- 
tions in force. There will be less reason in the demand of such an 
article, as the United States would set little value on a guaranty of 



PTIRCHASE OF THE TERRITORY OF LOUISIANA. 135 

any part of this territory; and, consequent!}^, tiiere would be no just 
reciprocity in it. Should France, notwithstanding- these considera- 
tions, make a guaranty an essential point, it will be better to accede 
to it than to abandon the object of the negotiation; mitigating the evil 
as much as possible, by requiring, for the casus foederis, a great and 
manifest danger threatened to the territory guaranteed, and by sub- 
stituting for an indefinite succor, or even a definite succor, in military 
force, a fixed sum of money pa3^able at the Treasury of the United 
States. It is difficult to name the proper sum which is in no posture 
of the business to be exceeded, but it can scarcely be presumed that 

more than about dollars, to be paid annually during the existence of 

the danger, will be insisted on. Should it be unavoidable to stipulate 
troops in place of money, it will be prudent to settle the details with as 
much precision as possible, that there may be no room for controversy, 
either with France or with her enemy, on the fulfillment of the 
stipulation. 

The instructions, thus far given, suppose that France may be willing 
to cede to the United States the whole of the island of New Orleans, 
and both the Floridas. As she may be inclined to dispose of a part 
or parts, and of such only, it is proper for you to know that the 
Floridas, together, are estimated at one-fourth the value of the whole 
island of New Orleans, and East Florida at one half that of West 
Florida. In case of a partial cession, it is expected that the regula- 
tions of every other kind, so far as they are onerous to the United 
States, will be more favorably modified. 

Should France refuse to cede the whole of the island, as large a 
portion as she can be prevailed on to part with may be accepted; 
should no considerable portion of it be attainable, it will still be, of 
vast importance to get a jurisdiction over space enough for a large 
commercial town, and its appurtenances, on the back of the river, and 
as little remote from the mouth of the river as may be. A right to 
choose the place would be better than a designation of it in the treat}'. 
Should it be impossible to procure a complete jurisdiction over any 
convenient spot whatever, it will only remain to explain and improve 
the present right of deposit, by adding thereto the express privilege 
of holding real estate for commercial purposes, of providing hospitals, 
of having consuls residing there, and other agents who may be author- 
ized to authenticate and deliver all documents requisite for vessels 
belonging to, and engaged in, the trade of the United States, to and 
from the place of deposit. The United States can not remain satis- 
fied, nor the Western people be kept patient, under the restrictions 
which the existing treatv with Spain authorizes. 

Should a cession of the Floridas not be attainable, your attention 
will also be due to the establishment of suitable deposits at the mouth 
of the rivers passing from the United States through the Floridas, 



136 PUECHA8E OF THE TERRITORY OF LOUISIANA. 

as well as of the free navigation of those rivers by citizens of the 
United States. What has been above suggested in relation to the 
Mississippi, and the deposit on its banks, is applicable to the other 
rivers; and additional hints relative to them all may be derived from 
the letter, of which a copy is enclosed, from the Consul at New Orleans 

It has been long manifest that, whilst the injuries to the United 
States, so frequently occurring from the colonial officers scattered 
over our hemisphere and in our neighborhood, can only be repaired 
by a resort to their respective Governments in Europe, it will be 
impossible to guard against the most serious inconveniences. The late 
events at New Orleans strongly manifest the necessity of placing a 
power somewhere nearer to us capable of correcting and controlling 
the mischievous proceedings of such officers toward our citizens; with- 
out which, a few individuals, not always among the wisest or best of 
men, may at any time threaten the good understanding of the two 
nations. The distance between the United States and the old continent, 
and the mortifying delays of explanations and negotiations across the 
Atlantic on emergencies in our neighborhood, render such a provision 
indispensable; and it can not be long before all the Governments of 
Europe, having American Colonies, must see the necessity of making it. 
This object, will likewise claim your special attention. 

It only remains to suggest, that, considering the possibility of some 
intermediate violences between citizens of the United States and the 
French or Spaniards, in consequence of the interruption of our right 
of deposit, and the probability that considerable damages will have 
been occasioned b}' that measure to citizens of the United States, it 
will be proper that indemnification in the latter case be provided for, 
and that in the former it shall not be taken on either sides as a ground 
or pretext for hostilities. 

These instructions, though as full as they could be conveniently 
made, will necessarily leave much to your discretion. For the proper 
exercise of it, the President relies on your information, your judg- 
ment, and your fidelity to the interests of your country. 

James Madison. 



Mr. Monroe to Mr. Jefferson. 

New York March 7. 1803. 
.Dear Sir, — I rec^. yours of the 25. ulto. with one to M*". Cepeda 
this morning, when I also rec**. my instructions from the department 
of State, with all the other documents connected with my mission to 
France & Sp". The ship, Richmond, of ab*. 400 tons burden, whose 
cabbin I have taken, cleared at the custom house on Saturday, m}^ 
baggage was put on board, in expectation of sailing yesterda}' as M^ 
Madison informed me mj" instructions ought to arrive by 8 in the 



PURCHASE OF THE TERRITORY OF LOUISIANA. 137 

morning; but it being Sunday, the}' were dela3'ed till to-da}'. We 
are now detained b}- a snowstorm and contrar}- wind, ])ut I shall sail 
as soon as it clears up, & the wind shifts. 

The resolutions of M"". Ross proved that the federal party will stick 
at nothing to embarrass the adm"., and recover its lost power. They 
nevertheless produce a great effect on the publick mind and I presume 
more especially in the western country. The unanimity in the pub- 
lick councils respecting our right to the free navigation of the river, 
and its importance to ever}- part of the U States, the dissatisfaction at 
the interference of Sp". which will not be appeased while the power 
of a similar one exists, are calculated to inspire the hope of a result 
which may put us at ease forever on those points. If the negotiation 
secures all the objects sought, or a deposit with the sovereignty over 
it, the federalists will be overwhelmed completely: the union of the 
western with the Eastern people will be consolidated, republican 
principles confirmed, and a fair prospect of peace and happiness pre- 
sented to our country. But if the negotiation compromises short of 
that, and leaves the management of our great concerns in that river, 
which comprise everything appertaining to the western parts of the 
U States, in the hands of a foreign power, may we not expect that 
the publick will be disappointed and disapprove of the resvdt. So far 
as I can judge, I think much would l)e hazarded by any adjustment 
which did not put us in complete security for the future. It is doubt- 
ful whether an adjustment short of that would be approved in any 
part of the union; I am thoroughly persuaded it would not to the 
westward. If they were discontented, there would grow up an union 
of councils and measures between them and the Eastern people which 
might lead to other measures & be perverted to ])ad purposes. 
The Eastern towns, which govern the country wish war for the sake 
of privateering: the western would not dislike it especially if they 
were withheld from a just right, or the enjoyment of a privilege nec- 
essary to their welfare, the pursuit of which ])y force would create a 
vast expenditure of money among them. Their confidence is now 
reposed in the adm". from the best of motives, — a knowledge that it is 
sincerely friendly to their interests: it is strengthened by a distrust 
of these new friends; Init an inquietude has been created by the late 
event, an inquiry has taken place which has shown that every part of 
the union especially the Eastern, is deeply interested in opening the 
river; that the attempt to occlude it on a former occasion was a base 
perhaps a corrupt intrigue of a few; their hopes and expectations have 
been raised, and it is probable they expect from the mission by a 
peaceful course everything which their enemies promised by war. 
The consequences of a disappointment are not easily calculated. If it 
restored the federal party to power and involved us in war, the result 
might be fatal. It therefore highly merits consideration whether we 



138 PURCHASE OF THE TERRITORY OF LOUISIANA. 

should not take that ground as the ultimatum in the negotiation which 
must in every possible event preserve the conlidence & affection of the 
western people. While we stand well with them we shall prosper. 
We shall be niost apt to avoid war, taking ten years ensuing together; 
and if we are driven by necessity into it, it is much better that it be 
under the auspices of a re^ iiblican than a monarchial adm". These 
ideas are expressed in haste for y'". consideration for I have not time to 
give them method or form. I shall most certainly labor to obtain the 
best terms possible, but it is for you to say, what are the least favor- 
able we must accept. You will have time to weigh the subject & feel 
the publick pulse on it before anything conclusive may be done. I 
hope the French gov*, will have wisdom enough to see that we will 
never suffer France or any other power to tamper with our interior; 
if that is not the ol)ject there can be no reason for declining an accom- 
modation to the whole of our demands. * * * 



[Extract.] 

James Madison, Secretary of State, to Charles Pinckney, Minister to Spain. 

Department of State, March 8, 1803. 

Sir: My last letter was of January 18. Yours since received are of 
the 6th and 28th of November. 

Our latest authentic information from New Orleans is of January 
20. At that date the edict of the Intendant against our right of deposit 
had not been revoked, although the letters to him and the Governor 
from the Spanish Minister here had been previously received. And it 
appears that the first outrage had been followed by orders of the most 
rigid tenor against every hospitable intercourse l)etween our citizens 
navigating the river and the Spanish inhabitants. 

This continuation of the obstruction to our trade, and the approach 
of the season for carrying down the Mississippi the exports of the 
Western country, have had the natural effect of increasing the Western 
irritation, and imboldening the advocates for immediate redress by 
arms. Among the papers enclosed, you will find the propositions moved 
in the Senate by Mr. Ross, of Pennsylvania. They were debated at 
considerable length, and with much ardor, and, on the question, had 
11 votes in their favor against 11. The resolutions moved by Mr. 
Breckinridge, and which have passed into a law, will, with the law 
itself, be also found among the enclosed papers. 

These proceedings ought more and more to convince the Spanish 
Government that it must not only maintain good faith with the United 
States, but must add, to this pledge of peace, some provident and 
effectual arrangement, as heretofore urged, for controlling or correct- 
ing the wrongs of Spanish officers in America, without the necessity of 



PURCHASE OB' THE TERRITORY OF LOUISIANA. 189 

crossing the Atlantic for the purpose. The same proceeding-, will 
show, at the same time, that, with proper dispositions and arrangements 
on the part of Spain, she ma}' reckon with confidence on harmony and 
friendship with this country. Notwithstanding the deep stroke made 
at our rights and our interests, and the opportunity given for self- 
redress, in a summary manner, a love of peace, a respect for the just 
usages of nations, and a reliance on the voluntary justice of the Span- 
ish Government, have given a preference to remonstrance, as the first 
appeal on the occasion, and to negotiation as a source of adequate pro- 
visions for perpetuating the good understanding between the two 
nations; the measures taken on the proposition of Mr. Breckinridge 
being merely those of ordinary precaution, and precisely similar to 
those which accompanied the mission of Mr. Jay to Great Britian in 
1794. Should the deponit, howe\'er, not be restored in time for the 
arrival of the Spring craft, a new crisis will occur, which it is presumed 
that the Spanish Government will have been stimulated to prevent, by 
the very heavy claims of indemnification to which it would be other- 
wise fairl}- subjected. The Marquis de Casa Yrujo does not yet 
despair of receiving from New Orleans favorable answers to his letters; 
but the remedy seems now to be no more reasonably expected from 
Madrid. If the attention of the Spanish Government should not have 
been sufiiciently quickened by the first notice of the proceeding, from 
its own officers, we hope that the energy of your interpositions will 
ha^'e overcome its tardy habits, and have produced an instant despatch 
of the necessary orders. 

Mr. Monroe was to sail from New York to Havre de Grace 3^esterday. 
He carries with him the instructions in which you are joined with him, 
as well as those which include Mr. Livingston. 

The convention signed with Spain in August, though laid before 
the Senate at an early day, had no question taken on it till the close of 
the session. It was then postponed till the next session, which is to 
commence in November. More than a majorit}^, but less than two- 
thirds, which the Constitution requires, would have acquiesced in the 
instrument in its present form; trusting to the success of further nego- 
tiations for supplying its defects, particularly the omission of the 
claims founded on French irregularities. But it is understood that it 
would have been a mere acquiescence; no doubt being entertained that 
Spain is bound to satisfy the omitted as well as the included claims. 
In explaining, therefore, the course taken by the Senate, which mingles 
respect for the Spanish Government with a cautious regard to our own 
rights, you will avail yourself of the opportunity of pressing the 
reasonableness and the sound policy of remodeling the convention in 
such a manner as to do full justice. I need not repeat the observa- 
tions heretofore made on the Spanish responsibility for the conduct 
of French citizens within Spanish jurisdiction; but it may be of use 



140 PURCHASE OF THE TERRITORY OF LOUISIANA. 

to refer 3011 to the enclosed copy of a ro3'al order, issued by the Spanish 
Government, in 1799, which will enal)le you to remind them of their 
own view of the subject at that time. In this document it is expressly 
declared that the French consular jurisdiction was not admitted, and 
that French Consuls, in Spanish ports, were in the same condition as 
those of every other nation. After such a declaration against the 
authority of French Consuls the Spanish Government would be charge- 
able with no less disrespect to the French llepu))lic than to itself, in 
saying that Spain was not left at libert}^ to prevent an exercise of the 
usurped authority; and, if at libert}^ she is indisputably answerable 
for the consequences of not preventing it. 
With sentiments, &c. , 

James Madison. 
Chaklks Pincknky, Esq. 



R. R. Livingston to James Madison, Secretary of State. 

Paris, March 11, 1803. 
Dear Sir: 1 have a few daj^s since written to you, transmitting a 
letter addressed to the First Consul: for though I had numerous notes 
and observations under his eye, in an informal way, yet I have reason 
to fear that what F wrote to the Minister, particularly on the subject 
of the de])t, had not reached him; l)esides that, I believed that he could 
not pass over a more direct acldress to him ]5crsonally. I found, upon 
conversing with some of the Ministers here, that they considered my 
direct address as improper, and likely to offend the Minister, if not the 
Consul. P)ut our situation was such as to require something decisive; 
and as I daily found the dispositions of M. Talleyrand were friendly 
to our views, I i)i'oniised the Minister to write, and offennl to submit 
my letter to him before 1 sent it. He was pleased with this mark of 
contidence, and promised not only to deliver it, })ut to support my 
application. Wh«Mi I showed him the letter, he seemed to think that 
all relating to the debt was hopeless. 1, however, could not abandon 
this important object, but immediately upon sending it, took care to 
have that part of it supported ])y Consul Le Bi'un, who has the prin- 
cipal direction of the affairs of finances, with whom 1 am upon a veiy 
friendly footing, and l)etween whom and my friend Marbois, there is a 
family connexion, strengthened b}^ the marriage of their children. I 
have tiie pleasure to enclose you an answer to that letter; you will find 
in it sucli strong and such satisfactory assurances on the subject of the 
debt, as 1 think gives us the firmest prospects of its speedy payment. 
I have thought it necessary to comnumicate this to the Amei'icans 
here, in order to prevent their parting with their claims at an insig- 
nificant price. I have, also, as I know that this account would reach 



PURCHASE OF THE TERRITORY OF LOUISIANA. 141 

America by private convej-ances, before 3X)u could coiimmnicate it, 
thought it proper to mention it generally to one of my friends, with 
directions to speak of it publicly, in order to prevent the creditors 
from suffering by the speculations of those who were in the secret. 

I told you that M. Talleyrand had assured mc that no sale would be 
heard of. You will find a passage in the note which was doubtless 
intended to convey that idea in very strong terms. As I know it to 
be the fixed determinatian of this Government to treat only in Amer- 
ica, I have nothing more to do on this subje<'t than to endeavor to get 
the right of depot left upon the footing it was till your negotiations 
are concluded. This I shall endeavor to effect. If, upon the arrival 
of Mr, Monroe, he can suggest anj'thing better, I shall heartily concur 
with him. In treating with General Bernadotte, you will have every 
possible advantage. The nearer he views the object, the less he will 
value it. His dispositions are as friendly as possible to our Govern- 
ment and country; and his ideas relative to our connexion, and the 
little importance of Louisiana, exactly such as I would wish. M}" 
conversations with him on that subject were frequent and interesting; 
as well with Mr. Adet, who is much in his confidence, and who thinks 
exactly as I do. The great object that he will be instructed to keep 
in view will be, I think, from what I learn here, to keep the British 
out of the river, and to secure as much as possible of the canying 
trade to France. Dupont de Nemours has shown me a plan that he 
gave to Consul Le Brun, of which I send you a copy. I have endeav- 
ored to convince those who may be consulted of its impracticability. 
The reasons are too obvious to make it necessary for me to state them 
to you. I have hinted at making the island of New Orleans an inde- 
pendent State, under the Government of Spain, France, and the United 
States, with a right of depot to each, subject to a duty on imports of 
one and a half per cent, in lieu of storage, wharfage, &c. , suggesting 
the advantage that France would derive from being the only manufac- 
turing nation of the three. The advantages of this to our carrying 
trade (while it left our rev^enue untouched) are obvious. And in such 
a treaty, arrangements might be made extremely advantageous to the 
Western people. The new nation nuist always feel its dependence upon 
us^ and, of course, respect our rights. I should not have thought it 
worth while to mention this, had it not been that I gave an unsigned 
and informal sketch of it to Joseph Bonaparte: it ma}^ possibly be 
given to General Bernadotte. If, as I begin to believe, they do not 
get the Floridas, they will put the less value on New Orleans. 

Things ever}" day look more towards a rupture between this country 
and Britain; and though the politicians think otherwise, I believe a 
war not very distant. The stocks here have been sixt3^-five: they are 
now sixt3'-one. This, however, is an artificial operation; money being 



142 PUKCHASE OF THE TERRITOKY OF LOUISIANA. 

employed by the Government to keep them up. Their real price 
would be about fift3^-seven. 

1 am, dear sir, with the highest consideration, your most obedient 
humble servant, 



Robert R. Livingston. 



James Madison, Secretury of State. 



Mr. Talleyrand to Mr. Livingston. 

Paris, Ventcme, an 11, {Fehruary 19), 180S. 

Sir: The First Consul, in placing in mv hands the memoir which you 
have presented to him, has ordered me to assure you that he has taken 
into serious consideration the objects you have had in view, and the 
various demands which you have presented. 

He has, at the same time, caused a report to be made on all the sub- 
jects which may arise in consequence of these demands, and on the 
clauses of the convention between France and the United States, to 
which you refer. It is the intention of the First Consul (and he has 
charged me to make it known to you) that this (convention shall be 
executed, in every particular, with scrupulous exactness. 

The reflections contained in 3'our memoir, in relation to the difficul- 
ties which, on the part of France, may attend its execution, do not 
apph^, with the least foundation, either to the dispositions of the 
Government of the French Republic, or to the state of her finances. 
The First Consul is persuaded that the impressions b}^ which you have 
on this point been misled, have been occasioned by your friendly solici- 
tude; ))ut these impressions are not supported by facts. No embar- 
rassment exists in the finances of France. The French Government 
has the means, as well as the inclination, to be just; and if it sliould be 
placed in a position in which the discharge of its obligations would be 
attended with difficulties, it will know how to surmount those obstacles, 
and satisfy every claim that can be justh' demanded. 

As to the American debts, of which you have given an esthnate, in 
the memoir addressed to the First Consul, I ought to apprize you that 
it is entireh' new to us that the}" can be raised, by an}" valuation what- 
evei", to the sum of twenty millions. The First Consul charges me to 
request of you an exact, full, certain, and verified statement of these 
debts. The perfect confidence with which you have inspired him will 
not permit him to doubt that in the examination of the particulars, 
which will form this statement, you will exercise your accustomed 
acuteness of mind and frankness of character. You may rest assured, 
sir, that, upon being furnished with such a statement, every claim will 
be promptly and fully discharged. 

As to the second question in your memoir, which relates to Loui- 



PURCHASE OF THE TERRITORY OF LOUISIANA. 143 

siana, the Fir.st Consul would have preferred its having been the sub- 
ject of a separate note. Affairs so different in their nature ought to 
be kept as much as possible apart, and should certainly not be united. 
It is entirely opposed to the maxims of Government, adopted by the 
Republic, to mingle important and delicate political relations with cal- 
culations of account and mere pecuniary interests. 

The First Consul, always appreciating the motives which have 
induced you to insist on an explanation of the new relations which 
ought to exist between the two Republics, has charged me to inform 
you, that, aware of the solicitude, perhaps premature, but, in reality, 
natural and plausible, which the United States have manifested in this 
discussion, has come to the determination to send immediately to the 
United States a Minister Plenipotentiary, who will communicate on 
every point the information necessary to a final decision. 

Under these circumstances, as well as in all others presenting topics 
for discussion between the two Governments, the First Consul desires 
that you shall give, on the subject of his dispositions towards the United 
States, the most positive and formal assurances, that attachment for 
your Republic, and esteem and personal consideration for its present 
Chief Magistrate, are national sentiments which, as a Frenchman, and 
as the chief of a people, the ancient and uniform friend of the Ameri- 
can nation, he loves to profess, and of Avhich he wnll always be under 
the pleasing obligation to furnish unequivocal proofs. 

While I felicitate myself upon being, at this time, the medium by 
which these sentiments of the First Consul are expressed, allow me, 
sir, to renew the assurance of my high consideration. 

Ch. Mau. Talleykand. 

His Excellenc}' R. R. Livingston, 

Minister 'pl en i/[)ott'nt'tanj^*^c. 



Extract of a note from Mr. Dupont de Nemours to the Consul Le Brun. 

" I see many wax's of terminating this contest, and I desire that, 
whatever it may be, while favoring our commerce, it ma}- exclude as 
much as possible the commerce of the five States of the West which 
are most interested in this question. The first, and most simple, 
appears to be this: to declare New Orleans a free port for the two 
nations, France and Spain, whose commerce shall enter and depart 
through the delta of the Mississippi; and that the United States shall 
onlj' enter from above, and depart by the same embouchure of the 
river. The navigation remaining free to the three nations throughout 
its whole course, on the express condition that the United States shall 
exempt from every species of duty French or Spanish merchandise 
entering their territorj' by the Mississippi or Ohio. 



144 PURCHASE OF THE TERRITORY OF LOUISIANA. 

"In this manner wo .shall have conquered, for the l)enetit of our 
manufactures, our silks, ironmonger}', and glass of every description, 
and for the consumption of our wines, vinegar, oil, and dried fruits, 
all the conmierce of the live States of the West, as well as of the new 
States, which, in this country, multiply so rapidl3\ 

"The products of the English mamifactories not being admitted, 
except by land, and then burdened with a duty of twelve or fifteen 
per cent., will, in reality, be excluded from competition with those of 
France. Thus will our enemies be struck in the part most susceptible 
of injury, while the good will of our friends will be advantageously 
confirmed. This will give us the assurance that the interior of 
America, from the Allegheny on the one side, to the elevated moun- 
tains bej^ond the Lakes on the other, will only be populated and sup- 
plied by means of the manufacturing industry, the agricultural pros- 
perity, and the commercial riches of France." 



[Extract.] 

Robert R. Livingston to the President of the United States. 

Paris, March 1"2, 1803. 

Dear Sir: I have delayed replying to your friendly letter by 
Madame Brougniart, in the hope of having something important to 
communicate; but, in the meantime, have been so full in mv letter to 
the Secretary of State, that I have left myself little to say on the sub- 
ject of my public affairs. I can only tell you, generall}', that we have 
been gaining ground here for some time past; and although some prop- 
ositions which I had an opportunity to make to Joseph Bonaparte to 
be submitted to the ConsuFs inspection were not agreed to, yet the 
matter and the manner left a favorable impression, and 1 meant to 
renew the subject on the same grounds. 

My letter to the First Consul, which you will find couched in pretty 
strong terms, and such as are not usual here, and, so far as it related 
to the claims, repugnant to the Minister's sentiments, has been attended 
with happ3' effects, as 3^ou will find b}^ the answer transmitted here- 
with to the Secretary of State. 1 think it impossible, after this, for 
him to go back; and I have accordingly given information to the 
American creditors of the state of their affairs, that the}^ may not be 
speculated upon. 

With respect to a negotiation for Louisiana, I think nothing will be 
effected here. I have done everything I can, through the Spanish 
Ambassador, to obstruct the bargain for the Floridas, and I have great 
hope that it will not be soon concluded. The Ambassador tells me that 
the Consul often complains to him of the delay that business meets 
with; and, while Spain keeps the Floridas, Louisiana will be considered 



PUECHASE OF THE TERRITOKY OF LOUISIANA. 145 

here as an object of little moment, as the}^ are absolutely without ports 
in the Gulf, and so far facilitate j'our negotiations with General Ber- 
nadotte. I have had many interesting conversations with him, and 
have nothing- to complain of. Remember, however, neither to Avound 
his pride nor that of his nation; both being extremely irritable. 

Mr. Madison has never told me whether he has received two little 
essays, calculated, the one to raise our importance in the views of this 
Government as a naval Power; and the other to disgust them with 
Louisiana, preparatory to our future negotiations. They were both 
read with considerable attention by the First Consul, having had them 
translated for that purpose. 

I broke off this part of my letter to attend Madame Bonaparte's 
drawing-room, where a circumstance happened of sufficient importance 
to merit your attention. * * * After the First Consul had gone 
the circuit of one room, he turned to me, and made some of the com- 
mon inquiries usual on those occasions. He afterwards returned, and 
entered into a further conversation. When he quitted me, he passed 
most of the other Ministers merely with a bow, went up to Lord Whit- 
worth, and, after the first civilities, said: "1 find, my Lord, your 
nation wants war again." L. W. " No, sir, we are ver}^ desirous of 
peace." First Consul. "You have just finished a war of fifteen 
years." L. W. '■'"It is true, sir, and that was fifteen years too long." 
Consul. " But you want another war of fifteen years." L. W. "Par- 
don, me, sir, we are very desirous of peace." Consul. " I must either 
have Malta or war." L. W. "I am not prepared, sir, to speak on 
that subject; and I can onl}^ assure you, citizen First Consul, that we 
wish for peace."" 

The prefect of the palace, at this time, came up to the Consul, and 
informed him that there were ladies in the next room, and asked him 
to go in. He made no reply, but, bowing hastily to the compan}^ 
retired immediately to his cabinet, without entering the other room. 
Lord Whitworth came up to me, and repeated the conversation as I 
now give it to 3'ou. I asked Lord Whitworth whether there were any 
pending negotiations relative to Malta. He told me that there were; 
that the conduct of France having convinced them that they still had 
views upon Egypt, and the guaranties to which they were entitled, 
with I'espect to Malta, not having been executed, they thought the}' 
could not surrender it with safety. But what brought on the business 
to-day was, a message from the King of Great Britain to the Parlia- 
ment on the 1st, which has just been received here, speaking with 
distrust of the armaments in the French ports, and, in fact, preparing 
them for war. 

This 3'ou will have sooner by the way of England than this letter. 
It is, then, highly probable that a new rupture will take place, since 
it is hardly possible that the First Consul would commit himself so pub- 
H. Doc. 431 10 



146 PURCHASE OF THE TERRITORY OF LOUISIANA. 

licly, unless his deteniiinatioii liad been taken. I am fearful that this 
may again throw some impediment in the way of our claims, which 
1 believed in so prosperous a train. In other views it may serve us, 
and 1 shall give all my attention to avail myself of circumstances as 
they arise; in which I hope shortly to receive the assistance of Mr. 
Monroe. 

I must pray you, sir, to furnish Mr. Madison with such an extract 
from this letter as ought to be on his file of correspondence with me; 
since the fear of losing the opportunity, and the necessity of the 
greater activity at this interesting moment, will deprive me of the 
pleasure of writing further to him by this convej^ance. 
I am, &c., 

Robert R. Livingston. 



Mr. King to ,the Secretary of State. 

London, March 17^ 1803. 
Sir: War seems more and more proljable; indeed, it ai)pears to me 
inevitable. Holland will be involved, and Spain and Portugal must 
obey the commands of France. The day after the King's message to 
Parliament was communicated to the French Government, Bonaparte 
delivered to Lord Whitworth a paper (a cop}^ of which 1 have seen) 
stating: 

1. That the expedition preparing in the Dutch ports was, as all the 
world knew, destined for America; but, in consequence of the message, 
that it had been recalled and would not proceed. 

2. That if the armament announced in the message be not satisfac- 
torily explained, or, if it take place, France wovdd march twenty 
thousand men into Holland. 

3. That the forces debarked in the ports of Holland would be reen- 
forced and assembled on the coast of Flanders. 

4. That the French army will be immediately put on a war estab- 
lishment. 

5. That camps would be formed on the coast between Dunkirk and 
Boulogne. 

6. That an army would enter Switzerland. 

7. That an army would march into Italy, and occupy Tarento, And, 

8. That England must not expect, under the cover of an armament, 
to avoid the execution of the Treaty of Amiens. 

The greatest activity continues to prevail in the military and naval 
departments. It is understood that the squadrons in the West and 
East Indies, and in the Mediterranean, will not immediately require 
reenforcement, and that a respectable fleet will soon appear in the 
Channel and on the coast of Ireland. The regular army on foot in 
Great Britain (exclusive of the force in Ireland, Egypt, Malta, Gibral- 



PUKCHASE OF THE TERRITORY OF LOUISIANA. 147 

tar, and the Colonies,) consists of twenty -seven thousand infantiy, and 
twelve thousand cavalry; and will be reenforced immediately by thirty- 
seven thousand of the militia, which have been called out. 

I do not hear of Mr. Monroe's arrival, though I learn from Mr. 
Livingston that he is daily expected in France. Mr. Merry is pre- 
paring to embark for the United States, and is pressed l)y his Govern- 
ment to be ready to leave England in the first week of April. 

With perfect respect and esteem, I have the honor to be, sir, your 
obedient and humble servant. 

RuFus King. 



Mr. Livingston to Mr. Madison. 

Paris, March 18, 1803. 

Sir: I sent despatches a few davs ago to Havre, in expectation of 
their going by a vessel which left that place for Philadelphia, but they 
arrived too late. Duplicates were sent to go bj^ a vessel bound for 
New York. You will, therefore, I fear, have originals and duplicates 
by the same vessel. This compels me to send triplicates by this con- 
veyance. You will see that, on the subject of New Orleans, the answer 
to my letter is very unsatisfactory. I, at iirst, intended to let the mat- 
ter rest till Mr. Monroe arrived; but, on reflection, I dreaded the con- 
sequences of delay, if France should take possession, and continue the 
policy of Spain; and, as the moment was critical, and the time of Mr. 
Monroe's arrival uncertain, 1 sent in the enclosed note, and am doing 
all that 1 can to get a speedy and favorable answer. 

On the subject of the debts, I ha\"e already met with a great deal of 
trouble in procuring the necessary information, and this is not to be 
wondered at. I hope to get through with it, strengthened as I am by 
the First Consul's engagement. 

I can not but wish, sir, that my fellow-citizens should not be led to 
believe, from Mr. Monroe's appointment, that I had l)een negligent of 
their interests, or too delicate on any of the great points intrusted to 
my care. I trust that a conununication of my notes to some of them 
would show that 1 had gone as far as it was possible for me to go, and 
perhaps further than my instructions would justify. 

We are here all in a bustle, not knowing whether we are to have war 
or peace. In England, they expect war certainly. Here they are very 
anxious to avoid it; and I, who have hitherto believed that a rupture 
would happen, begin, from some circumstances I heard last night at 
Consul Le Brun's, to believe the storm will pass over. But this is by 
no means certain; because it is possible that England will rise in her 
terms as France recedes. Peace will, in no event, last long. I frankly 
confess, that, though I believe a war would be extremely dangerous 
for Great Britian, yet 1 think her ruin inevitable if France continues 
ten years at peace. 



148 PURCHASE OF THE TERRITORY OF LOUISIANA. 

March 19. 
Nothing decisive, as yet, on the subject of war or peace. The idea 
of peace seems to gain ground; and, in fact, war is so much dreaded 
by all the neighbors of France that they will make every effort to 
maintain peace, lest they should be drawn into the vortex. I shall 
call this morning on the Minister in order to enforce upon him the 
subject of my note. 

I have the honor to be, &c., Robt. R. Livingstox. 



Mr. Livingston, Minister Plenipotentiary of the United States of America, 

to His Excellency the Minister for Exterior Relations of the French 

Republic. 

Paris, 2f(ireh 16, M)3. 

Sir: J have received, with great sensibility, your note containing 
the First (consul's reply to that which 1 had the honor to present to 
him on the subject of the American claims. The sentiments are such 
as would naturally be entertained ))}' an enlightened statesman, who, 
after advancing his country to the highest pinnacle of military glory 
and national prospects, had determined to give permanency to that 
prosperit}", by establishing it upon the linn basis of religion, good 
faith, justice, and national credit. On this subject, sir, I have no 
doubts; and I am satisfied that, when the claims are brought forward, 
they will, as 3'ou have the goodness to declare, l)e prompt!}' and fully 
satisfied. But, sir, as this will form the subject of a future note, I 
shall beg leave to proceed to the consideration of a <piestion in the 
highest degree interesting to the harmony of France and the United 
States, and which, I am sorry to say, is of a nature too pressing to 
admit of any delay. 

The First Consul has done me the honor, through you, to inform me 
that he proposes to send a Minister to the United States, to acquire such 
information as he may deem necessar}" previous to his taking ajiy 
measures relative to the situation in which the acquisition of Louisiana 
will place France with respect to the United States. If, sir, the ques- 
tion related to the formation of a new treaty, I should find no objection 
to this measure. On the contrary, I should readily ac(j[uiesce in it, as 
that which would l)e best calculated to render the treaty mutually 
advantageous. But, sir, it is not a new treaty for which we now press, 
(though one umtually advantageous might be made,) l)ut the recogni- 
tion of an old one. by which the United States have acquired rights, 
that no change in the circumstances of the country obliges them to 
relinquish, and which they never will relinquish but with their polit- 
ical existence. By their treaty with Spain, their right to the naviga- 
tion of the Mississippi is recognized, and a right of depot granted, 
with a provision, on the part of the King of Spain, to revoke this 



PURCHASE OF THE TERRITORY OF LOUISIANA. 149 

ri^ht, if, within three years, he found it prejudicial to his interests; in 
which case, he is to assign another equivalent establishment. The King 
of Spain has ncA^er revoked that right; but, after having made the 
experiment of its effects upon his interests for three years, he has con- 
tinued it. The United States have, hj this continuance, acquired a per- 
manent and irrevocable right to a depot at New Orleans; nor can that 
right now be called in question, either by Spain or by any other nation 
to whom she may transfer her title. Even the assignment of another 
equivalent establishment can not, at this day, be forced upon the United 
States without their consent. The time allowed to Spain has passed, 
and she has preferred to have the depot at New Orleans to placing it 
elsewhere; and I will venture to say, that, in so doing, she has acted 
wisely, for New Orleans derives its whole value from its being the 
market for American produce, and their principal port of entry; and, 
if this consideration was important to Spain, it is intiniteh^ more so to 
France, the produce of whose agriculture and manufactures will then 
find a ready exchange for the raw materials of the United States. 
Under these circumstances, at the very moment that Spain is about to 
relinquish the possession of that country to France, she violates her 
treaty without any apparent interest, and leaves the country with a 
stain upon her character. 

In what situation, sir, are we now placed^ An armament is on the 
point of sailing for New Orleans; the port has been shut b}^ the order 
of Spain; the French commandant will find it shut. Will he think 
himself authorized to open it^ If not, it must remain shut till the 
Envoy of France shall have arrived in America, and made the necessary 
inquiries, and transmitted the result of those inquiries to the First Con- 
sul. In the meanwhile, all the produce of five States is left to rot upon 
their hands. There is only one season in which the navigation of the 
Mississippi is practicable. This season must necessarily pass before 
the Envoy of France can arrive and make his report. Is it supposable, 
sir, that the people of the United States will tranquilly wait the prog- 
ress of negotiations when the ruin of themselves and their families 
will be attendant on the delay? Be assured, sir, that, even were it 
possible that the Government of the United States could be insensible 
to their sufi'erings, they would find it as easy to prevent the Mississippi 
from rolling its waters into the ocean, as to control the impulse of the 
people to do themselves justice. If, sir, in pursuance of the treaties 
that France has made Avith the Porte, she had established valuable 
comptoirs upon the Black Sea, and, subsequent to this, the Dardenelles 
were ceded to the Emperor, would France suffer him to shut up the 
passage, and ruin their merchants, till a new treat}' had been negotiated 
for an object that she already possessed? Sir, I would venture to say, 
that, were a fleet to shut up the mouths of the Chesapeake, Delaware, 
and Hudson, it would create less sensation in the United States than the 



150 PURCHASE OF THE TERRITOKY OF LOUISIANA, 

denial of the right of depot at New Orleans has done. The people of 
the Western country were emigrants from the different States, in 
which they have left connexions deeply interested in their prosperity. 
This circumstance, combining with the just sense of national independ- 
ence and national dignity, makes them extremely sensible to the injus- 
tice they have suffered. Nor is it without the utmost difficulty that 
they have been restrained from breaking out into acts of immediate 
hostility against Spain, by the prudent measures of Government, and 
by the hope that the mission of a Minister, who will In-ing with him a 
conviction of their feelings on this subject, will procure them the most 
immediate and express recognition of their rights by France, in whose 
justice and good faith they hope to find a resource against the breach 
of faith by the oflicers of Spain. 

I can not l)ut flatter myself, sir, that the answer which the First 
Consul has been pleased to honor me with, has a reference only to 
such new treaties as it may be for the mutual interest of l>oth coun- 
tries early to negotiate. But that relative to the rights the United 
States already possess, in virtue of existing treaties with Spain, he is 
ready to afford me those explicit and formal assurances which are 
necessary to calm the emotions which have been so unwisely excited 
in the United States. I can never bring myself to believe, sir, that 
the First Consul will, by deferring for a moment the recognition of a 
right that admits of no discussion, l)reak all those ties which hind the 
United States to France, obliterate the sense of past obligations, change 
every political relation that it has been, and still is, the earnest wish of 
the United States to preserve, and force them to connect their interests 
with those of a rival Power; and this, too, for an object of no real 
moment in itself. Louisiana is, and ever must be, from physical causes, 
a miserable country in the hands of a European Power. Nor can an}^ 
principal of sound policy dictate to France (even if bound by no 
treat}') a change in the circumstances of New Orleans, that should 
exclude the citizens of the United States from that right of depot to 
which alone it nuist be indebted for its prosperit3^ I feel a pleasure 
in declaring, sir, that the people and Government of the United States 
will receive the highest satisfaction from the assurances that the First 
Consul has empowered jhiu to make to me of his attachment to them; 
and will reflect with pleasure on his having called to mind, that, 
amidst the changes that both nations have undergone, they have been 
mutually forward in tendering their alliance to each other. Nor will 
it be less flattering to the President to have acquired, as a magistrate 
and as a man, the esteem of a chief who has merited and obtained that 
of the world. But these occurrences add to my pain when I reflect 
on occurrences that may lay the foundation for future enmities; and I 
trust, sir, that they will serve as an apology for anything that may 



PURCHASE OF THE TERRITORY OF LOUISIANA. 151 

appear harsh in this note. For, if ever there was a moment in which 
it becomes a Minister to speak with freedom, it is when he feels that 
the dearest interests of his country are at stake, and has reason to 
hope that a knowledge of the truth may prevent the breach of rela- 
tions between nations that esteem and respect each other, and the 
calamities that humanity may feel in such lireach. 

1 pra}" your Excellency to receive my thanks for the interesting- 
manner in which you have made the communications of the First 
Consul, and my assurances of the highest consideration. 

RoBEKT R. Livingston. 



Mr. Livingston to the Secretary of State. 

Paris, Marcli 2 If, 1803. 

Dear Sir: The question of war yet remains undetermined. My 
letters from JN[r. King of the isth leave me to believe, as well as \\\\ 
persuasion of the present system of politics in England, that war will 
come soon. Here there is an earnest and sincere desire to a\'oid it, as 
well in the Government as the people. I enclosed, in my last, a note 
to the Minister. Some days after, I called on him. He told me that an 
answer was prepared, and that everything should be arranged; and 1 
have no doubt the answer contained all those assurances which I have 
been so long soliciting. Unfortunately, despatches arri\'ed at that 
moment fi'om Mr. Pichon, informing them that the appointment of 
Mr. Monroe had tranquilized everything. Conceiving, then, that they 
might safely await his arrival, they determined to see whether the 
storm would not blow over; in which case, they will treat to more 
advantage. They accordingly substituted, for the first note, which, as 
the Minister told me, arranged everything, the inclosed No. 1, which 
contains nothing. To this I put in the note No. 2, which I suppose 
will produce no efi'ect if the war does not happen. Last night I received 
another note, No. 3, complaining of our supplying the blacks at St. 
Domingo; to this I returned the answer No. -i. 

I have had a great deal of conversation with General Bernadotte, and 
communicated my two notes to him. 1 gave them to him to show to 
the gentlemen I have mentioned, and endeavored to convince him that 
he was personally interested; that the specific declarations I require 
should be given before he goes out, which will be in a few days. Upon 
the whole, 1 think everything is prepared for Mr. Monroe. I can not 
but hope that something may be effected, though I fear Dupont de 
Nemours has given them, with the best intentions, ideas that we 
shall find it hard to eradicate, and impossible to yield to. 

Florida is not yet ceded, nor, as I hope, very likel}' to be so. The 



152 PURCHASE OF THE TERRITORY OF LOUISIANA. 

armament in Holland, designed for Louisiana, is stopped for tli3 pres- 
ent, in consequence of the state of thing's here. 

I am, dear sir, with the highest consideration, 3"onr most obedient, 
humble servant, 

Robert R. Livingston. 
Hon. James Madison, 

Secretary of State. 



Mr. Talleyrand to Mr. Livingston. 

Paris, March ^1, 1803. 

Sir: I see with pleasure, b}^ the last letters from the French lega- 
tion in the United States, that the excitement which had been raised 
on the subject of Louisiana has been allayed by the wisdom of your 
Government, and the just confidence which it inspires, to that state of 
tranquillity which is alone proper for discussion, and which, in the 
existing relations between the two nations, can not fail to lead to suit- 
able explanations on difficulties arising from contingent circumstances, 
and draw still closer the bands by which they are mutually united. 
1 ought to acknowledge, sir, that, in the publicity recently given to 
the proceedings respecting Louisiana, it is difficult to recognize the 
ancient sentiments of attachment and confidence with which France 
has always been desirous to inspire the people of the United States, 
and by which, from the first moment of their existence as an inde- 
pendent and sovereign nation, she has been induced to consider her 
concerns with the United States as among the most important of her 
political relations. 

On what account, then, either political or commercial, can the Amer- 
ican nation view the proximity of France with so unfriendly an eye? 
Has the French Republic ever evinced a desire to arrest the pros- 
perity of the United States, assume an influence to which she had no 
right, weaken her means of safety or annoyance, or place an obstacle 
in the wa}^ of their expanding commerce? Your (xovernment, sir, 
ought to be persuaded that the First Consul entertains for the American 
nation the same affection with which France has been at all times ani- 
mated; and that, among the advantages which he expects to derive 
from the possession of Louisiana, he estimates the additional means 
which will be at his command, to convince the Government and people 
of the United States of his uniformly liberal and friendly sentiments. 

I ought, sir, at the present time, to confine myself to this declara- 
tion, which alone should be sufficient to quiet the apprehensions 
expressed in your last letters. The subject itself does not rest on that 
accurate and extensive information which alone could authorize a more 
detailed explanation. In announcing to me, moreover, the speedy 



PUECHASE OF THE TERRITORY OF LOUISIANA. 153 

departure of Mr. Monroe, who has ])een appointed a Minister Extra- 
ordinary to discuss this matter, you give me reason to conclude that 
your Government desires that this Minister sliould be received and 
heard; because every point susceptible of contradiction should be com- 
pletely and delinitel}^ discussed. In the meantime, the First Consul 
charges me to assure your Government, that, although he does not 
think that his new position in relation to Louisiana ought to be the 
subject of just inquietude, or can occasion the least injury to the United 
States, he will yet receive with the greatest pleasure the Minister 
Extraordinary whom the President is about to send, and that he hopes 
his mission will terminate in a way to give mutual satisfaction to both 
nations. 

At the same time, sir, 1 avail myself of this occasion to renew the 
assurance of my high consideration. 

Ch, Mau. Tallkykanj). 



No. ± 

E. R. Livingston to the Minister of Exterior Relations. 

Paris, ^20 V<'/ifose, an 11 {March 11, 1S03)/' 
Sir: I acknowledge that I feel some mortitication in finding that the 
note with which you honor me yesterday contains nothing more deci- 
sive upon the interesting subject that I have submitted to your con- 
sideration; and still more, that you should think the sensibility that 
the inhal)itants of the United States have manifested upon the change 
in the situation of Louisiana repugnant to the sentiments of friendship 
which the former conduct of France ought to inspire. 

I should be deficient, sir, in that frankness which has alwaj's formed 
the basis of my communications with you, if J should conceal that the 
vicinity of a nation whose political situation puts it out of her power 
to injure the United States, was less alarming than that of an active, 
powerful, and enterprising people, whom a variety of circumstances 
might lead, in the common course of events, to painful discussions; 
and you will, sir, readily admit that the profound secrec}^ that the 
Government of France has always observed in whatever rehited to 
Louisiana was ill calculated to allay those alarms. To this moment, 
the treaty to which they might have expected to be parties is concealed 
from them; and while explications are given to another Power upon 
the destination of the armament, in which the ITnited States were most 
interested, not the most distant hint is afforded to the Minister of the 
United States, nor is he informed, except through the medium of 

"There seeing to be some mistake either in the date of this letter (March 11) or in 
that of the preceding letter (IMarch 21) to which this is an answer. The originals 
have been followed. 



154 PURCHASE OF THE TERRITORY Op LOUISIANA. 

another Court, of the present arrangement with respect to that arma- 
ment. 

Under these circumstances, sir, how painful soever it may be to 
manifest a distrust of a nation to whom they have formerly been 
indebted, and to whom, in return, they have manifested their grati- 
tude, it would be to discover an ignorance of the change that was about 
to take place in their situation, and a ])lamable indifference to their 
most important interest, if they did not demand those securities to 
which they are entitled for the performance of engagements that 
France has assumed by putting herself in the place of Spain. 1 would 
earnestly hope, sir, that the information you have received from the 
legation of France in the United States, was more correct than that 
which induces me to fear that, seeing in your note a determination to 
postpone to the latest moment those arrangements which they will 
conceive need only to have been mentioned to have been taken, they 
will resort to those precautionary remedies which prudence justifies, 
and which their situation in the present state of Europe most pecul- 
iarly demands. 

The United States, sir, have vested me with full powers to receive 
and make those arrangements; and, in the appointment of Mr. Monroe, 
jointly with me, as Minister Extraordinary to the First Consul,^ it was 
by no means their intention, considering the variety of accidents 
which may postpone or prevent his arrival, to defer receiving from 
the Government of France those explicit confirmations of the Treaty 
of Madrid which must precede every arrangement which it might be 
thought proper hereafter to enter into. 

A treaty, sir, is a work of time; and it can hardly be presumed that 
an ardent and intelligent people should wait the slow progress of 
negotiations for the attainment of objects that admit of no dispute, 
and see with indifference France strengthen herself in their vicinity, 
while she declines to acknowledge the validity of a treaty which, in 
their opinion, she has virtually adopted. It is not, sir, to negotiate 
for this acknowledgment that an additional Minister is sent; for this, 
as I have before had the honor to inform your Excellency, is not con- 
sidered in the United States as susceptible of controversy: but it was 
with a view to such further arrangements as might be rendered neces- 
sary, in case (as was generalh^ presumed) the Floridas should be added 
to the acquisitions of France. It was that he might be the bearer of 
the strong sentiments of the people upon the late measures of Spain, 
and show to France the inutility of these acquisitions, and the senti- 
ments of distrust that they would naturally excite between her and the 
United States. 

Haying thus, sir, frankly stated the evils that may result to both 
countries from the indecision of France on a question that admits of 
no dispute, I can only lament the inefficacy of my representation, and 



PURCHASE OF THE TERRITORY OF LOUISIANA. 155 

hasten to submit 3'our note to the inspection of my Government. From 
which, taken in connexion with the general politics of Europe and 
America, they will naturall}' draw their own conclusions. And I 
merely wish that the measures, which it is at their option to adopt, 
may be such as will tend less to their future harmony with France than 
to their own security. 

The President will receive great pleasure from 3"our assurances of 
the attachment of the First Consul to the Government and people of 
the United States; and will felicitate himself upon having fixed upon 
one so perfectly acceptable to the First Consul in the person of his 
additional Minister, as to insure him the agreeable reception which 
you so politely promise him. 

I avail myself, sir, of this occasion to renew to you the assurances 
of my high consideration. 

R. R. Livingston. 



Mr. King to the Secretary of State. 

London, Ajyril ^, 1803. 

Sir: Nothing further has occurred since the date of my last: no 
answer has yet been given to the note of the French Ambassador, which 
declines all discussion respecting Malta. Lord Hawksbur^'^s answer 
will probably be delivered to-daj'; it will, without doubt, persist in the 
determination communicated in his first note, and may disclose new 
and additional reasons in its support. If, as is said to be the case, 
the First Consul has lately made an o\'erture to Russia for a partition 
of the Turkish Empire, the fact may be urged on this occasion, not- 
withstanding the refusal of Russia to listen to the proposal. 

I shall continue to believe the war unavoidable, in which England 
can have no expectation of a single ally. The system of Russia is 
pacific, with less attachment, however, to France than to England; 
Austria is not yet recovered from the blows by which she was driven 
from the contest; and Prussia will be inclined to adhere to her past 
policy. Although Denmark and Sweden have been much dissatislied 
with P^ngland, France, contrary to her usual policy, has done nothing 
to secure their confidence; while England has been endeavoring to 
reestablish her ancient friendship with these States. For this purpose, 
she has given assurances that what is called the two Swedish convoys 
shall be restored or paid for: the first, which consisted of seventeen 
vessels, was condemned, and the Envoy of Sweden has given in his 
claim of compensation, which amounts to sixty thousand pounds 
sterling; the claim for the second, consisting of twenty-one vessels, 
and which, 1 think, is not yet condemned, will be about ninety thou- 
sand pounds sterling. By <-ultivating the friendship of these Powers, 
England expects, with the good will of Russia, to keep the Baltic open 



156 PURCHASE OF THE TERRITORY OF LOUISIANA. 

against the ettorts that France will again make to close it. Portugal 
will be compelled to exchide the English trade; and Spain, with all 
Italy, must obey the orders that shall be given them. 

I have sought occasions both with Ministers and other leading men 
since the discussions with France, to inculcate the disadvantage which 
England has heretofore brought upon herself by the system of war- 
fare she has been accustomed to pursue, and which has been chiefly 
directed against the colonies of her enemy, which, after being acquired 
at the expense of much blood and treasure, in addition to the vexation 
of the commerce of neutral nations, have been commonly restored, 
enriched by English capital, at the conclusion of peace. Instead of a 
warfare liable to these objections, and which has moreover furnished 
an opportunity to France to appear as the friend and protector of 
neutral States, a system might be suggested that would not only avoid 
these disadvantages, but which would materially contribute to the 
future prosperity of Great Britain. No neutral commerce would be 
interrupted by it; on the contrary, it would ser\-e to increase and 
extend it; and, when the object was once attained, no Treaty of Peace 
would restore things to .their former state. 

This conversation has l^een everywhere understood and well received; 
and it is my hrm ])elief, if the war breaks out, that Great Britain will 
inmiediately attemi^t the emancipation and independence of South 
America. 

In a late conversation with Mr. Addington, he observed to me, if the 
war happen, it would, perhaps, l)e one of the first steps to occupy New 
Orleans. I interrupted him l)y saying, I hoped the measure would be 
well weighed before it should be attempted; that, true it was, we could 
not see with indifference that country in the hands of France; but it 
was equally true, that it would l)e contrary to our views, and with much 
concern, that we should see it in the possession of England; we had 
no objection to Spain continuing to possess it; they were quiet neigh- 
bors, and we looked forward without impatience to events which, in the 
ordinar}' course of things, must, at no distant day, annex this country 
to the United States. Mr. Addington desired me to l)e assured that 
England would not accept the country, were all agreed to give it to 
her; that, were she to occupy it, it would not be to keep it, but to 
prevent another Power from obtaining it; and. in his opinion, this end 
would be best effected by its belonging to the United States. I 
expressed my acquiescence in the last part of his remark, but observed, 
that, if the country should be occupied by England it would be sus- 
pected to be in concert with the United States, and might involve us 
in misunderstandings with another Power, with which we desired to 
live in peace. He said, if you can o])tain it, well, but if not, we 
ought to prevent its going into the hands of France; though, you may 
rest assured, continued Mr. Addington, that nothing shall be done 



PURCHASE OF THE TERRITORY OF LOUISIANA. 157 

injurious to the intere.st8 of the United States. Here the conversa- 
tion ended. 

I have lately received 3"our letter of Januar}^ 29; and as soon as 
Lord Hawkesbury shall have named a time to receive me, which 1 have 
requested him to do, I will explain to him, in conversation, the Presi- 
dent's views relative to the Mississippi. 

Considering the critical state of affairs, it is much to be wished that 
my successor may arrive before my departure. I shall delay taking 
m}^ leave to the last moment; and should the posture of affairs, in my 
opinion, require it, I will risk the expense of detaining m}- vessel even 
beyond the time in which I have engaged to embark: in any event, 1 
shall not leave London before the last week of the present month. 

With perfect respect and esteem, I have the honor to be, sir, your 
obedient and faithful servant, 

RuFUS King. 



Robert R. Livingston to the Hon. James Madison, Secretary of State. 

Paris, April 11, 1S03. 

DEAii Sir: M}^ note will tell you how far 1 have officially pressed 
the Government on the subject of Louisiana. I have omitted no 
means, in conversation, of eradicating th(nr prejudices in its favor; 
and I informed you that I had reason to think that 1 had been suc- 
cessful with all, unless it was the First Consul, to whom 1 addressed 
myself in the letter and essays that you have seen, and which were 
attentivel}" read by him, as well as several informal notes to his 
brother. I had reason to think that he began to waver; but we had 
nothing to offer but money, and commercial advantages: of the latter, 
I did not think myself entitled to be liberal; and of the ffrst, I found 
in them a certain degree of reluctance to treat, as derogatory to the 
dignity of the Government. The affair of New Orleans gave me two 
very important strings to touch: I endeavored to convince the Gov- 
ernment that the United States would avail themselves of the breach 
of the treaty to possess themselves of New Orleans and the Floridas; 
that Britain would never suffer Spain to grant the Floridas to France, 
even were she so disjwsed, but would immediatel}" seize upon them as 
soon as the transfer was made; that without the Floridas, Louisiana 
would be indefensible, as it possesses not one port even for frigates; 
and I showed the effect of suffering that important country to fall 
into the hands of the British, both as it affected our country, and the 
naval force of all Europe. 

These reasons, with the probabilit}^ of war, have had, I trust, the 
desired effect. M; Talleyrand asked me this da}', when pressing the 
subject, whether we wished to have the whole of Louisiana. I told 
him no; that our wishes extended only to New Orleans and the Floi'idasj 



158 PURCHASE OF THE TERRITOKY OF LOUISIANA. 

that the policy of France should dictate (as I had shown in an official 
note) to give us the country above the river Arkansas, in order to 
place a barrier between them and Canada. He said, that if they gave 
New Orleans the rest would be of little value; and that he would wish 
to know "what we would give for the whole." I told him it was a 
subject I had not thought of; but that I supposed we should not object 
to twenty millions, provided our citizens were paid. He told me that 
this was too low an offer; and that he would be glad if I would reflect 
upon it, and tell him to-morrow. I told him that, as Mr. Monroe would 
be in town in tAvo days, I would delay my- further offer until I had the 
pleasure of introducing him. He added, that he did not speak from 
authority, but that the idea had struck him. I have reason, however, 
to think that this resolution was taken in Council on Saturday. On 
Friday, I received Mr. Ross's motion: I immediatel}' sent it to M. Tal- 
leyrand, with an informal note expressive of my fears that it would be 
carried into effect; and requesting that General Bernadotte might not 
go till something effectual was done. I also translated it, and gave it 
to General Bernadotte, and pressed upon him the necessity of asking 
express instructions, in case he should find the island in possession of 
the Americans. He went immediately to Joseph Bonaparte. These, 
I believe, were exciting causes to the train we are now in, and which 
1 flatter myself we shall be able, on the arrival of Mr. Monroe, to 
pursue to effect. I think, from every appearance, that war is very 
near at hand; and, under these circumstances, 1 have endeavored to 
impress the Government that not a moment should be lost, lest Britain 
should anticipate us. I have used every exertion with the Spanish 
Ambassador and Lord Whitworth, to prevent the transfer of the 
Floridas; and wrote to Mr. Graham, in Mr. Pinckney's absence, to 
give every attention to that object, and to avail himself of the coolness 
which subsisted between the French Ambassador and the Prince of 
Peace. This has retarded the negotiation; and unless they get Florida 
I have convinced them Louisiana is worth little. I would rather have 
confined our views to smaller objects; and I think that, if we succeed, 
it would be good policy to exchange the west bank of the Mississippi 
with Spain for the Floridas, reserving New Orleans. Perhaps, how- 
ever, I am too sanguine in my expectations: we will not, therefore, 
dispose of the skin till we have killed the bear. 

I have written to Mr. King, pressing him to stay until a successor 
is appointed. The moment is so critical that we can not justify being 
without a Minister in England, and he is a very useful one. 

I believe j^ou may calculate that Britain will not give up Malta, and 
that France will not leave it in her hands by consent; and, of course, 
hostilities must commence, or Britain be kept, at immense expense, in 
her present warlike attitude, while France expends nothing. This she 
can not submit to, and must, therefore, strike the first stroke, which 



PUECHASE OF THE TERRITORY OF LOUISIANA. 159 

thi.s countiy wishes, in order to render the war more popuhir here. 
France has marched troops into Holland, and those of Victor are 
embarking, but, I think will not sail, or, if they do, will be inter- 
cepted by England, who will probabl}^ think the}^ are designed for 
the islands, which is ver}'^ probable. 

Mr. Monroe arrived on the 1st at Havre. I expect him here in two 
daj's at furthest from this date. His passage was twenty-nine days. 

I shall see the Minister again to-morrow, in order to somid him more 
fully before we offer anything formal on Mr. Monroe's arrival. 

I wished and proposed that General Bernadotte should wait until 
something was done, having formally notified the Minister that Mr. 
Monroe had arrived, but I could not prevail upon him to make any 
alteration. He said that Mr. Bernadotte, having received his des- 
patches, was to be considered bj^ him as gone. 

You will receive this b}^ Mr. Petrie, his secretary, who waits here 
until to-morrow. 

I am, R. K. Livin(4ston. 

P. S., 12th. — Orders are gone this day to stop the sailing of vessels 
from the French ports; war is inevitable; my conjecture as to their 
determination to sell is well founded; Mr. Monroe is just arrived here. 

Hon. James Madison, 

Secretary of State. 



Mr. Livingston to Mr. Madison, Secretary of State. 

Paris, Aj?7'il 13, 1803^ midnight. 

Dear Sir: I have just come from the Minister of the Treasury. Our 
conversation was so important, that I think it necessary to write it, 
while the impressions are strong upon my mind; and the rather, as I 
fear 1 shall not have time to copy and send this letter, if I defer it till 
morning. 

By my letter of yesterday, you learned that the Minister had asked 
me whether I would agree to purchase Louisiana, &c. On the 12th, I 
called upon him to press this matter further. He then thought proper 
to declare that his proposition was only personal, l)ut still requested 
me to make an offer; and, upon declining to do so, as I expected Mr. 
Monroe the next day, he shrugged up his shoulders, and changed the 
conversation. Not willing, however, to lose sight of it, I told him I 
had been long endeavoring to bring him to some point; but, unfortu 
nately, without effect: that I wished merel}^ to have the negotiation 
opened by au}^ proposition on his part; and, with that view, had writ- 
ten him a note which contained that request, grounded upon ni}' appre- 
hension of the consequence of sending General Bernadotte without 



160 PURCHASE OF THE TEREITORY OF LOUISIANA. 

enabling him to ssly a treaty was begun. He told me he would answer 
my note, but that he must do it evasively, because Louisiana was not 
theirs. I smiled at this assertion, and told him I had seen the treaty 
recognizing it; that I knew the Consul had appointed officers to gov- 
ern the country, and that he had himself told me that General Victor 
was to take possession; that, in a note written by the express order of 
the First Consul, he had told me that General Bernadotte was to treat 
relative to it in the United States, &c. He still persisted that they 
had it in contemplation to obtain it, l)ut had it not. I told him that I 
was very well pleased to understand this from him, because, if so, we 
should not commit ourselves with them in taking it from Spain, to 
whom, by his account, it still belonged; and that, as we had just cause 
of complaint against her, if Mr. Monroe concurred in opinion with 
me, we should negotiate no further on the subject, but advise our 
Government to take possession. He seemed alarmed at the boldness 
of the measure, and told me he would answer ni}'^ note, but that it 
would be evasively. I told him I should receive with pleasure any 
communication from him, but that we Avere not disposed to trifle; that 
the times w^ere critical, and though I did not know what instructions 
Mr, Monroe might lu'ing, I was perfectly satisfied that they would 
require a precise and prompt notice; that I was very fearful, from the 
little progress I had made, that my Government would consider me as 
a very indolent negotiator. He laughed, and told me that he would 
give me a certificate that I was the most importunate he had met with. 

There was something so extraordinary in all this, that 1 did not detail 
it to you till I found some clue to the labyrinth, which I have done, 
as you will find before I finisli this letter; and the rather, as I was 
almost certain that I could rel}' upon the intelligence I had received 
of the resolution to dispose of this country. 

This da}^ Mr. Monroe passed with me in examining my papers; and 
while he and several other gentlemen were at dinner with me, I 
obvserved the Minister of the Treasury walking in my garden. I sent 
out Colonel Livingston to him; he told him he would retui'n when we 
had dined. While we were taking coffee he came in; and, after being 
some time in the room, we strolled into the next room, when he told 
me he heard I had been at his house two days })efore, when he was 
at St. (>loud; that he thought I might have something particular to 
say to him, and had taken the first opportunity to call on me. I saw 
that this was meant as an opening to one of those free conversations 
which I had frequently had with him. I accordingly began on the 
subject of the debt, and related to him the extraordinary conduct of 
the Minister, &g. He told me that this led to something important, 
that had been cursorily mentioned to him at St. Cloud; but as my 
house was full of company, he thought 1 had better call on him any tune 
before 11 that night. He went away, and, a little after, when Mr, 



PURCHASE OF THE TERRITORY OF LOUISIANA. 161 

Monroe took leave, I followed him. He told me that he wished me 
to repeat what I had said relative to M. Talleyrand's requesting- a 
proposition from me as to the purchase of Louisiana. I did so; and 
concluded with the extreme absurdity of his evasions of that day, and 
stated the consequence of any delay on this subject, as it would enable 
Britain to take possession, who would readil}^ relinquish it to us. He 
said that this proceeded upon a supposition of her making so success- 
ful a war as to be enabled to retain her conquests. 1 told him that it 
was probable that the same idea might suggest itself to the United 
States; in which case, it would be their interest to contribute to render 
her successful, and I asked whether it was prudent to throw us into 
her scale? This led to long discussions of no moment to repeat. We 
returned to the point: he said, that what I had told him led him to 
think that what the Consul had said to him on Sunday, at St. Cloud, 
(the day on which, as I told you, the determination had been taken to 
sell,) had more of earnest than he thought at the time; that the Consul 
had asked him what news from England ? As he knew he read the 
papers attentively, he told him that he had seen in the London papers 
the proposition for raising fifty thousand men to take New Orleans. 
The Consul said he had seen it too, and had also seen that something 
was said about two millions of dollars being disposed among the peo- 
ple about him, to bribe them, &c. ; and then left him. That after- 
wards, when walking in the garden, the Consul came again to him, 
and spoke to him about the troubles that were excited in America, and 
inquired how far 1 was satisfied with his last note. 

Here some civil things were introduced, for which 1 presume I am 
more indebted to the Minister's politeness than to his veracit}^; so lee 
them sleep. He (Marbois) then took occasion to mention his sorrow 
that any cause of difference should exist between our countries. The 
Consul told him, in reply, " Well, you have the charge of the treasury; 
let them give you one hundred millions of francs, and pay their own 
claims, and take the whole country." Seeing, by my looks, that I was 
surprised at so extravagant a demand, he added that he considered the 
demand as exorbitant, and had told the First Consul that the thing 
was impossible; that we had not the means of raising that. The Con- 
sul told him we might borrow it. I now plainly saw the whole busi- 
ness: first, the Consul was disposed to sell; next, he distrusted 
Talleyrand, on account of the business of the supposed intention to 
bribe, and meant to put the negotiation into the hands of Marbois, 
whose character for integrity is established. I told him that the 
United States were anxious to preserve peace with France; that, for 
that reason, they wished to remove them to the west side of the Mis- 
sissippi; that we would be perfectly satisfied with New Orleans and the 
Floridas, and had no disposition to extend across the river; that, of 
course, we would not give any great sum for the purchase; that he was 
H. Doc. 431 11 



162 PURCHASE OF THE TERKITORY OF LOUISIANA. 

right in his idea of the extreme exorbitancy of the demand, which 
would not fall short of one hundred and twenty-five millions; that, 
however, we would be ready to purchase, provided the sum was reduced 
to reasonable limits. He then pressed me to name the sum. I told 
him that this was not Avorth while, because, as he only treated the 
inquiry as a matter of curiosit}^ an}^ declaration of mine would have 
no effect. If a negotiation was to be opened, we should (Mr. Monroe 
and myself) make the offer after mature reflection. This compelled 
him to declare, that, though he was not authorized expressly to make 
the inquiry from me, yet, that, if I could mention any sum that came near 
the mark, that could b3 accepted, he would communicate it to the First 
Consul. 1 told him that we had no sort of authority to go to a sum 
that bore any proportion to what he mentioned; but that, as he himself 
considered the demand as too high, he would oblige me by telling me 
what he thought would be reasonable. He replied that, if we would 
nanje sixty millions, and take upon us the American claims, to the 
amount of twentj^ more, he would tr}^ how far this would be accepted. 
1 told him that it was vain to ask anything that was so greatly beyond 
our means; that true policy would dictate to the First Consul not to 
press such a demand; that he must know that it would render the 
present Government unpopular, and have a tendency, at the next elec- 
tion, to throw the power into the hands of men who were most hostile 
to a connection with France; and that this would probably happen in 
the midst of a war. I asked him whether the few millions .acquired 
at this expense would not be too dearly bought^ 

He frankly confessed that he was of ni}^' sentiments; but that he 
feared the Consul would not relax. I asked him to press this argu- 
ment upon him, together with the danger of seeing the countr}^ pass 
into the hands of Britain. I told him that he had seen the ardor of 
the Americans to take it b}^ force, and the difficulty with which they 
were restrained b}' the prudence of the President; that he njust easily 
see how much the hands of the war part}^ would be strengthened, when 
they learned that France was upon the eve of a rupture with England. 
He admitted the weight of all this: "But,'"' says he, "you know the 
temper of a youthful conqueror;- everything he does is rapid as light- 
ning; we have only to speak to him as an opportunity presents itself, 
perhaps in a crowd, when he bears no contradiction. When I am alone 
with him, I can speak more freely, and he attends; but this oppor- 
tunity seldom happens, and is always accidental. Try, then, if you 
can not come up to m^' mark. Consider the extent of the country, 
the exclusive navigation of the river, and the importance of having 
no neighbors to dispute you, no war to dread." I told him that I con- 
sidered all these as important considerations, but there was a ]3oint 
beyond which we could not go, and that fell far short of the sum he 
mentioned. 



PUECHASE OF THE TEKKITORY OF LOUISIANA. 163 

I asked him, in case of a purchase, whether they would stipulate 
that France would never possess the Floridas, and that she would aid 
us to procure them, and relinquish all right that she might have to 
them. He told me that she would go thus far. I added, that I would 
now say nothing on the subject, but that I would converse with Mr. 
Monroe; and that I was sure to find him disposed to do everj^thing 
that was reasonable, or could be expected to remove every cause of 
difference between the two countries. That, however, if any negotia- 
tion should go on, I would wish that the First Consul would depute 
somebody to treat with us, who had more leisure than the Minister for 
Foreign Affairs. 

- 1 said this to see whether my conjectures relative to him were well 
founded. He told me that as the First Consul knew our personal 
friendship, he having several times had occasion to speak of me and 
my family, and the principles that we held, he believed that there would 
be no difficulty, when this negotiation was somewhat advanced, to have 
the management of it put into his hands. He earnestly pressed me to 
make some proposition that was so near the First Consul's as to admit his 
mentioning it to him. I told him that I would consult Mr. Monroe, 
but that neither he nor I could accede to his ideas on the subject. 
Thus, sir, you see a negotiation is fairly opened, and upon grounds 
which 1 confess I prefer to all other commercial privileges; and always 
to some a simple money transaction is infinitel}^ preferable. As to the 
quantum, I have yet made up no opinion. The field opened to us is 
infinitely larger than our instructions contemplated; the revenue 
increasing, and the land more than adequate to sink the capital, should 
we even go the sum proposed by Marbois; nay, I persuade myself, that 
the whole sum may be raised by the sale of the territory west of the 
Mississippi, with the right of sovereignty, to some Power in Europe, 
whose vicinity we should not fear. I speak now without reflection, 
and without having seen Mr. Monroe, as it was midnight when I left 
the Treasury Office, and is now near 3 o'clock. It is so very important 
that you should be apprized that a negotiation is actually opened, even 
before Mr. Monroe has been presented, in order to calm the tumult 
which the news of war will renew, that I have lost no time in commu- 
nicating it. We shall do all we can to cheapen the purchase; l)ut my 
present sentiment is that we shall buy. Mr, Monroe Avill be presented 
to the Minister to-morrow, when we shall press for as early an audi- 
ence as possible from the First Consul. 1 think it will be necessar}^ 
to put in some proposition to-morrow: the Consul goes in a few days 
to Brussels, and every moment is precious. 

I am, dear sir, with the most respectful consideration, your most 
obedient, humble servant, 

Robert R. Livingston. 



lO-i PURCHASE OF THE TERRITORY OF LOUISIANA. 

Mr. Monroe to Mr. Madison. 

Paris April 15, 1803. 
Dear Sir, — It is proper for me to mention to you in confidence 
some circumstances which I wish not to include in an official letter. 
I was informed on ni}^ arrival here by Mr. Skipwith that Mr. Living- 
ston mortified at my appointment had done everything in his power to 
turn the occurrences in America, and even my mission to his account, 
b\' pressing the Government on every point with a view to show that 
he had accomplished what was wished without my aid: and perhaps 
also that my mission had put in hazard what might otherwise have 
been easily obtained. His official correspondence will show what 
occurred prior to my arrival & sufficiently proves that he did not 
abstain even on hearing that 1 was on my way, from the topics intrusted 
to us jointly. Col. Mercer who was present says this information was 
given next morning at the second interview. When 1 called on him 
he told me that this government had resolved to sell Louisiana &c but 
that the resolution had grown out of the state of things in Europe, & 
the danger of a war with England: that that point would be decided in 
a fortnight, perhaps immediately on the return of a courrier from 
Russia who was expected in less time: that he had been with Talley- 
rand that day, advised him that I was on the way from Havre & pressed 
him on the subject of my mission, & ultimately on being asked what 
we would give had actually offered terms. On the next day I dined 
with Mr. Livingston; while at dinner Mr. Marbois came there, with- 
drew and returned after we arose from dinner; they had a private con- 
ference and it was agreed, there being company with him, that Mr. 
Livingston should call on him after the company dispersed at his (Mr. 
Marbois') house to confer relative to the purchase of Louisiana. He 
told me he was going there & the object, and in a private conference 
with Mr. Skipwith who dined with him on the same day, after repeat- 
ing the above, he regretted his misfortune in my arrival, since it took 
from him the credit of having ])rought everything to a proper conclu- 
sion without ni}^ aid. You will perceive the dilemma into which I have 
been & am still placed by this course of proceeding, since I have not 
only to negotiate with the French Government, especially its ministers, 
but my colleagues also. There is a plausible pretext for not present- 
ing me to the Consul till the monthl}^ audience, & in strict propriety 1 
ought to hold no communication or sanction one with this government 
till 1 am presented: tho' my colleague considers my reception by the 
minister, his official notes relative to it, the terms in which he spoke 
of me on the part of the Consul & the information he gave us that a 
person would be designated to treat with us, with whom we might hold 
informal communications in the interim as placing me on the ground 
of a person recognized. If I held back on the rule of strict etiquette 



PURCHASE OF THE TERRITORY OF LOUISIANA. 165 

& permitted no communication at all in case our negotiation failed 
1 exposed myself & our government to the charge of having lost, 
by the measure taken, a brilliant opportunity of securing all our 
objects here & myself particularly of sacrificing everything thro' 
selfish motives. It is well known that the crisis pressed here and 
still does, that the Consul had resolved to sell, that Marbois was a 
minister & entitled to credit, that my colleague was one also already 
recognized & jointly associated with me in the trust. He was also 
possessed with the views of our government as well as myself, & 
might speak without my approbation with whom he pleased. 1 could 
not withhold confidential communications with him. Under these 
circumstances I have been driven by necessity, in private communi- 
cations Avith him, signing nothing or authorizing it on his part, to 
permit him to state to Mr. Marbois that I would assent to the pur- 
chase of Louisiana at the price we were willing to give for the terri- 
tory to the left of the river, France relinquishing all pretensions to 
the Floridas, & engaging to support with her influence our negotiation 
with Spain for them. By so doing I disarm those who might wish 
it of charging on me or our government the fault of future events, 
should they be unpropitious, and am not aware that I substantially 
hazard anything. All this attention to my colleague &c may be an 
intrigue tho' on the part of Marbois. I put confidence in the facts 
he states. It may be wished to inspire jealousy and distrust between 
my colleague & myself; the minister may suppose he will be less 
reserved, tho' it is certain till my appointment was known that he 
often treated him with great neglect & even disrespect. The opinion 
entertained of the character of the Consul for promptitude & decision, 
that if he liked the terms he would conclude at once, & if he was dis- 
gusted would perhaps not soon return to the subject induced me with 
the consideration mentioned to assent to the above. My Colleague has 
now promised me in the most explicit terms to hold no further com- 
munication with Mr. Marbois or any other person, till I am recognized, 
& a person regularly appointed to treat with us. I do not know that 
any real injury will occur to the object of the mission by what has 
passed. 



Mr. Monroe's Journal or Memoranda. 

April 27. 
M"". Marbois came to my lodgings by appointment of M'. Livingston, 
at two o'clock and I being indisposed it was agreed that I might repose 
as it suited me. M*". Marbois opened the conversation by presenting 
us with a project of a treaty given him by the gov^ to be proposed to 
us, which he admitted he thought hard and unreasonable; he presented 
at the same time another project which he called his own, which had 



166 PURCHASE OF THE TEREITORY OF LOTISIANA. 

not been .seen Vjy the «•ov^. but to which he presumed the tirst consul 
would assent, as he had told him he would not insist on the terms con- 
tained in the lirst. and would only ask or propose such as he had drawn 
in the second: but to which he declared that the first consul had not 
assented explicitly. M*". Marbois thought himself however at liberty 
to propose his own project as the basis of our negotiation. That proj- 
ect claimed one hundred millions & the debts due our citizens esti- 
mated at 20. more. His own reduced that demand to 80. including 
the debt. There were some other differences between them, his going 
more into detail, in the form of a publick act. M'. Livingston 
obsei^ved that the debt was a thing to be provided for in an especial 
manner: that the consul had said to him it should be paid: that we 
ought to begin from points agreed & proceed to difiiculties — that the 
points agreed were the debts that were due and our right of deposit. 
M"^. Marbois said that if we made a treaty on the general & great sub- 
ject of the Louisiana, he would include in it a provision for the debts: 
that if he did not make a treaty oi that kind he would have nothing to 
do with the debts. M^ Livingston repeated the promise of the Consul 
<S;c. for the payment of them, to which M"". Marbois replied that he 
did not mean to impair the force of our claim founded on the treaty 
& the promise of the gov*. — what he meant to say was. that if our 
negotiation succeeded in the object of it. the debts would be ccmprized 
in it & provided for. and if it did not succeed he would loave them 
where he found them: the claim would still be supported hx the treaty 
& any assurance M^ Livingston may have received from th:; gov*, 
since. M^ Livingston still pressing the high ground on which the 
claim to the payment of the debt rested. M"^. Marbois observed that in 
the promise referred to no time was fixed or sum specitied. & inti- 
mated that the Consul did not contemplate a greater sum than 3 or 4 
millions of livres. I then observed that I thought we were all of the 
same opinion respecting the debts that the ground on which they stood 
could not be impaired by the failure of this negotiation: that a pro- 
vision might be made for the payment of them by it: that we had 
better go on to the other object & with that view to examine & discuss 
the project presented by M"". Marbois. One of the articles contained 
in ^I^ Marbois's project, proposed that the payment to our citizens & 
the French gov*, should proceed in equal degree regarding the amount 
to be paid to each party, by the month, that is that neither should 
have a priority or preference, to the other as to time or proportion. 
M"^. Livingston insisted that the payment to our citizens should be 
prompt & full, which he supposed we might make, without render- 
ing ourselves unable to meet the views of the French gov*, in any sum 
we might stipulate to give in point of time: to that M"". Marbois seemed 
to have no objection. 
Appendix I. — 1 objected to the commerc'. priviledge. as being cal- 



PURCHASE OF THE TERRITORY OF LOUISIANA. 167 

Ciliated to enil)arrass our revenue system, create irregularities between 
one part and another, give offense to foreign powers, tix a badge of 
degradation on the part of the Union, & actually defeat the policy of 
France in inclining us to Engl**. — He seemed to think that being the 
condition of the cession it was not liable to all the objections stated — 
both my colleague and myself observed that that idea had not been 
communicated by him to either of us in our former conversations, w\ 
he admitted on our word, but observed that it was an omission on his 
part, his gov*, having always contemplated it — that it imported the 
honor of the govt., to furnish a publick motive for the cession distinct 
from money — I then objected to the perpetuit}' of the stipulation to 
which he assented — 12 years were proposed to which he agreed. 

At the same time that we presented to Mr. Marbois our project we 
gave him a paper drawn b}- my colleague on the subject, translated in 
French, w*". being long, it was deemed then unnecessary to read it, 
but proposed by ni}' colleague that Mr. Marbois sho''. keep & read it 
himself & shew it to the consul, w*". he promised. This paper was 
given me by my colleague some days before, but it being lengthy & I 
being much engaged in the arrangement of our project had paid but 
little attention to it — when my colleague called on me on his way to 
Mr. Marbois he asked me for it; I gave it to him, he asked me to sign 
it — I told him there were passages 1 did not like, particularly the 
admission that the formation of our adm'"". depended on the conduct of 
foreign powers: that that was not the fact, that that idea was degrad- 
ing to our countiy, that the application of the term sovereign to the 
first consul was improper, that of Ch: Magistrate was the correct one — 
I also did not like the terms used relative to the debts due by France — 
tho' I wished & wod secure them in our treaty — he said that the 
paper contained mere cursory observations, — that the first idea w'\ I 
objected to wod. have weight here, since this gov*, did not wish a 
change of adm". in the U. States so that he thought the paper might 
have use. On the intimation that he considered the paper as contain- 
ing cursory observations, by which I understood that he meant it as 
informal, I signed it — I did this on the principle that the negotiation 
had reached a stage which prevented this paper from doing harm, and 
to put it out of my colleague's power to say that I prevented his doing 
good. I never heard of the paper afterwards, tho' my colleague told 
me next day on leaving the first consul's that Mr. Marbois had informed 
him that the first consul had approved it — I had conferred with Mr. 
Marbois just before my colleague did & arranged our meeting that 
night at his home, in w''. he said nothing of that paper. I therefore 
inferred that what he did sa}' was in consequence of the enquiiy of my 
colleague, & on perusing that he felt some interest respecting it. 

Journal. — Mj- colleague took M"". Marbois's project with him & 
brought one verv looselv drawn founded on it, which with our com- 



168 PURCHASE OF THE TERRITORY OF LOUISIANA. 

munications together on the subject & the moditications we gave it, 
will be noted hereafter. 

We called on M''. Marbois the 29*** and gave him our project which 
we read to him & discussed. We proposed to offer 50. millions to 
France & 20. on ace*, of her debt to the citizens of the U States, mak- 
ing 70. in the whole. On reading that article he declared that he 
would not proceed in the negotiation on a less sum than 80. Millions, 
since it would be useless as the Consul had been sufficientl}^ explicit 
on that point; Indeed he assured us that his government had never 
positively instructed him to take that sum, but that as he had told the 
Consul it was enough, that he would ask no more, and to which he 
understood the Consul as giving his assent, he M"". Marbois had 
thought himself authorized to accept & propose it to us, but that he 
could not proceed unless we agreed to give it. On this frank & explicit 
declaration on his part & after explaining to him the motive which led 
us to offer that sum we agreed to accede to his idea & give 80. millions. 
He asked us if we could not advance something immediately, we 
replied, we did so in discharge of their debt to our citizens; that they 
had suffered and it was for the interest of France as well as the U 
States, that they should be promptly paid, or as soon as possible. To 
the payment in stock he did not object, nor did he say anything 
respecting the loss to be sustained by it: he asked what effect the pro- 
tracting the redemption of the stock for 15 years would have on its 
value; we told him to raise its price. 

On the proviso to the commercial stipulation he seemed to entertain 
a doubt, l)ut on our shewing the abuse of which the article was capable 
without it, being not simpl}' to give a preference for 12 years to 
French vessels & manufactures over those of other countries in the 
ports of the ceded territory, but to enable France to monopolize the 
carriage of the exports from the Mississippi, and prevent a single 
article raised there being brought from the other States, such as 
tobacco, rice, &c. He admitted that such a power was not sought on 
their part. 

He seemed desirous to secure b}^ some strong provision the incor- 
poration of the inhabitants of the ceded country with our union; we 
told him that we would try to modify the article to meet his ideas as 
fairly as we could — we left our project with him, in expectation of 
hearing from him soon the result, as he said he should see the Consul 
next morning on the subject. He informed me that M"". Talleyrand 
had asked him whether I was in health to be presented to the first 
Consul, & on my answering in the affirmative; advised me to let him 
know it. My colleague promised as we returned home to inform the 
minister next day that I had I'ecovered my health. To guard against 
accidents however I wrote the minister to that effect next morning, 
and a note to my colleague to request him to call for me as he went to 



PITECHASE OF THE TERRITORY OF LOUISIANA. 169 

the house of the minister. Just as I was ready to visit the minister 
my colleague returned from him & informed me that it was arranged 
that I should be presented next day, that is on the first of May. 

(May 1st, 1803, Sunday.) 

I accompanied my colleague to the Palace of the Louvre, where I 
was presented by him to the Consul. While standing in the circle I 
received a communication by the prefect of the palace, from the min- 
ister, stating that he was indisposed, but that I must present the Con- 
sul my letter of credence, & that the Consul desired I would dine with 
him. 

When the Consul came round to me, M"". Livingston presented me 
to him, on which the Consul observed that he was glad to see me. " Je 
suis bien aise de le voir." "You have been here 15 days?" I told 
him I had. " You speak French ? " I replied ' 'A little. " "You had 
a good voj^age ? " Yes. ' ' You came in a frigate ? " No in a merchant 
vessel charged for the purpose. Col. Mercer was presented; says he 
"He is Secretary of legation?" No but my friend. He then made 
enquiries of M"". Livingston & his secretary how their families were, 
and then turned to M"". Livingston & myself & observed that our 
afiairs should be settled. 

We dined with him. After dinner when we retired into the saloon, 
the first Consul came up to me and asked whether the federal city 
grew much. I told him it did. " How many inhabitants has it? " It 
is just commencing, there are two cities near it, one above, the other 
below, on the great river Potomack, which two cities if counted with 
the federal city would make a respectable town, in itself it contains 
only two or three thousand inhabitants. "Well; M'". Jefferson, how 
old is he?" Ab'. sixty. " Is he married or single?" He is not mar- 
ried. "Then he is a garcon.-^ No he is a widower. " Has he chil- 
dren?" Yes two daughters who are married. "Does he reside 
alwa3^s at the federal city ? " Generally. "Are the publick buildings 
there commodious, those for the Congress and President especially?" 
They are. " You the Americans did brilliant things in your war with 
England, you will do the same again." We shall I am persuaded 
alwaj^s behave well when it shall be our lot to be in war. " You may 
probably be in war with them again." I replied I did not know, that 
that was an important question to decide when there would be an occa- 
sion for it. 

At i after eight we met M^ Marbois at his own house, in con- 
formity to an appointment which we made with him at the Consul's, 
and entered on the subject of our proposed treaty. He objected to 
the first article as being long & containing superfluities, & shewed us 
a remark to that effect on it by the department of foreign affairs, as 
being an act more suited to a private transaction before a notary pub- 



170 PURCHASE OF THE TERRITORY OF LOUISIANA. 

lick. He objected also to an}^ guarantee against France or Spain, as 
against France as useless, since the cession was as strong a guarantee 
against her as she could make, and against Spain as improper & useless 
since it would be an ungracious act to her from France, & we had 
nothing to fear from Spain. He had no objection to inserting the art: 
of the treaty of II defonso bj^ which France acquired the territory, in 
our treaty, & would make her good offices with Spain in support of 
our negotiations for the Floridas. From the 2''. art: he agreed to 
strike out whatever restricted the application of publick buildings 
to the same use hereafter; & to be contented with the security of 
property to individuals; and also to omit the obligation to transfer 
the archives &c. to the local authorities. The articles at the close of 
our project which respected the cession & transfer of the territory, 
he proposed to put together in the commencement, which we examined 
& modified somewhat by consent. That which respected the commer- 
cial privilege, he said was objected to in the proviso; he admitted 
however that it was not wished or contemplated to enjoy more than 
an exemption from foreign duties in favor of French productions, 
manufactures & tonage in the transportation of the same into the 
ports of the Mississippi but not to aflfect the terms on which our prod- 
uce should be carried from it, since he readily foresaw that such a 
power might be greatly abused. I proposed an amendment which 
was in sentiment agreed to. To the payment to be made them in 
stock, and the mode by which we proposed to ascertain the amount 
and persons entitled to the debt which they owed our citizens, he said 
objections were entertained. They wish the payment to be made here 
of 5. millions of livres the month, which we told him was impossible — 
He believed it was. He wished the term for which th6 stock was 
irredeemable to be omitted & adjusted afterwards between ourselves, 
intimating that on that point difficulties existed with his gov*, which 
proceeded from want of time to examine it, but that we must agree 
(on) something, indeed seemed to assent explicitl}' to our ideas on 
the subject. On our explaining the reasons why some check on the 
liquidation of the debt due our citizens was necossar}^, since otherwise 
the sum destined to them might be absorbed, by liquidations in favor 
of Americans not entitled, or even not Americans, he admitted the 
propriety of the check we proposed. He said he would see the Consul 
next morning, fix the points in question, & come prepared sometime 
in the course of that day to conclude & sign the treaty as of yester- 
day, being Saturday. 

May 2*^. We actually" signed the treaty and convention for the sixt}'^ 
millions of Francs to France in the French language, but our copies 
in English not being made out we could not sign in our language. 
They were however prepared and signed two or three days after- 
wards. The convention respecting American claims took more time 



PUKCHASE OF THE TEKRITORY OF LOUISIANA. l7l 

& was not signed till about the S. or 9"\ A more minute view of this 
business as promised in the third page will be annexed hereafter. 

We nominated provisionally Col: John Mercer, J. C. Barnett & 
W". M'^Clure to examine the claims of Americans on the French gov*. 
and perform the duties assigned to our board b}' the convention 
respecting that sul)ject. 

As soon as we had dispatched the treaty &c. by M"". Hughes, with 
duplicates & triplicates, I resolved to go to Spain in pursuit of my 
instructions, which M''. L. approved of and strongly urged. With 
that view I wrote a note to the minister of foreign affairs asking the 
good offices of his gov*, with Spain as had been promised by M''. Mar- 
bois intimating that I wished to set out in a few days for Madrid. On 
the Sunday following I dined with the Consul Cambaceres, who arrived 
late from the counci'l at St. Cloud. The part}^ was not large; I sat 
next him; he observed "'3'oumust not go to Spain at j^resent." I 
asked his reason. He replied " it is not the time, 3'ou had better defer 
it." I revived the subject repeatedly but he declined going more into 
it. After dinner when we were in the saloon, he came up to me, and 
on my telling him that he had given me some concern by what he had 
said, he replied " it was only his opinion, but you will talk on the sub- 
ject with the minister of the publick treasury (M''. Marbois,) which I 
promised. I went immediateh^ to M''. Marbois's l)ut he was not at 
home. Reflecting on the hint from the Consul it occurred it would be 
proper to call on the ambassador of Spain & confer with him on the 
subject, as I had always intended before I sate out for Spain. I found 
him at home with two Spanish gentlemen, one the husband of the 
daughter of Don Galvez who was also present. I told him that I 
intended going to Spain to treat for Florida with the ministers of his 
Catholic Majesty, & asked what he thought of it. He replied with 
great candor that he wished the aflfair amicably settled between our 
gov*^, and that two days before he had written to his Court by an 
extraordinary courier at the desire of M'". Livingston to propose to it 
the question whether it would make the cession to the U States and as 
I understood to authorize him to treat here for it. As M"". Living- 
ston had never spoken to me on the subject, as he had pressed my 
going to Spain, or at least given his decided opinion that 1 ought to 
go there, this information surprised me much, especiall}'^ when I 
recollected that he not only had no power to treat on the subject, but 
knew that it was committed to others. 1 asked when he expected 
an answer to his letter? He said if it was sent by an extr^'. courier 
it might be in 12 days, as it required 7 to go and as maii}^ to return; 
& it had been sent 2 alrea^}^: that if it came b}^ the ordinary post it 
would take a much longer time as it required 12 days to convey a 
letter from Paris to Madrid in that mode. I told him that I thought 
I should go to Madrid & then explained to him something of the 



17 '2 PITRCHASE OF THE I'ERRITORY OP LOUISIANA. 

nature of the commission which existed for treating with his govern- 
ment, it being thought ])y ours more respectful to Ms to treat at 
Madrid than here, but without giving cause to infer that I disapproved 
the measure taken b}^ M'". Livingston or indeed that I was ignorant 
of it. 

' Next day M"". Livingston and myself called on M''. Marbois on some 
question relative to the ti'eaty &c. On our return he asked me when 
I should set out to Spain 'i I told him that I had called on the Marquis 
D'Azara to confer with him on the subject, the night before, and of 
the step he had taken at his request to draw the sul)ject here; that 
under those circumstances it would be an idle errand for me to go 
there, at least till the Marquis got an answer to his letter; that the 
affair ought not to play l)etween the two countries; He said that what 
had passed between him and the Marquis had happened casuall}' at the 
minister of foreign affairs: that the Marquis had sent the Extr^. 
courier to announce our treat}', & hearing him say he intended to send 
one, he had suggested the idea of his proposing to his court to make 
the cession, but not to obtain the authority to treat here for it, I 
told him that after the arrangement made by our gov*, with respect to 
Spain, the affair ought to have its course in the train in which it was 
placed by it: that I could not see any benefit to be derived from an 
application of the Ambassador of Spain to his Court in the manner 
stated by M"'. Livingston, especially if 1 was to go there. 



Mr. Livingston to Mr. Madison. 

Paius, jlpril 17, 1803. 
Sir: Mr. Petrie having been detained, I have an opportunity to give 
you a relation of what has passed since my letter of the 13th. On 
the 14:th I called upon Mr. Monroe, to present him to the Minister, 
who had, upon my application, fixed 3 o'clock that da}^ for his recep- 
tion. Before we went we examined our commission, in which there 
are two circumstances with which I am not quite satisfied; one, indeed, 
of little moment, because it only respects me personally; and the other 
very important, as it may, if things should take a turn favorable to 
France, defeat all that we may do, even at the moment of signing. The 
first is that I have not the same rank in the connnission with Mr. 
Monroe. It is important that I should be thought to stand as well 
with our Government as any other person. If so, my age, and the 
stations 1 have held entitle me not to have had any other person 
placed above me in the line I have filled. The second is, that the com- 
mission contains power only to treat for lands on the east side of the 
Mississippi. You will recollect that I have been long preparing this 
Government to ^deld us the country above the Arkansas, because I saw 



PURCHASE OF THE TERRITORY OF LOUISIANA. 173 

the effect of their holding- and giving encouragement to settle it would 
draw off a prodigious population from our side of the river, and from 
such a connexion between the inhabitants of the Western country- and 
these new settlers, who would be their relations and friends, as would 
be extremely dangerous. In my private negotiations with Joseph 
Bonaparte, I had urged every reason that I could think of to induce 
them to give us the country: and those reasons have had their effect. 
I am, therefore, surprised that our commission should have entirely 
lost sight of that object. Mr. Monroe, however, agrees with me that 
we will proceed as well as we can; and, as we left no copy of the com- 
mission, it may possibly escape unnoticed, though it will operate to our 
prejudice if our negotiation should not please at home. It is abso- 
lutely necessary, my dear sir, to repose confidence in Ministers who 
are placed so far from the seat of Government. You will recollect 
that I have been absolutely without powers to the present moment; 
and that though 1 have hazarded man}^ things upon a presumption that 
I should have them, none have been received till now, and now they 
are unfortunately too limited. 

But to proceed. On waiting upon the Minister we found M. Mar- 
bois there, who told me that he had come to communicate to the 
Minister what had passed between us, and that he greatly regretted 
the not being able to bring us to such an offer as he might mention to 
the First Consul. I told him that it was unnecessary to repeat what 
would compel us to limit our offers to a much more moderate sum, as 
I had already detailed them at large; and he knew they exceeded our 
means. We were very graciously received bj^ the Minister, whom I 
pressed to obtain as early a day as possible for the reception of Mr. 
Monroe, as time pressed, and we were anxious to conclude our busi- 
ness, for reasons arising out of the present disturbed state of America. 
He told me he would speak to the First Consul that night on the sub- 
ject; and that he hoped some person would be appointed to treat with 
us, even before Mr. Monroe was presented. After a little general 
conversation, he took leave, in expectation that Mr. Monroe would be 
presented this day, (Sunday,) being a day of reception for the civil 
officers of the Government. The next day, Mr. Monroe and myself, 
after spending some time in consultation, determined to offer fifty 
millions, including our debts; we presumed it would be best only to 
mention forty in the first instance. This 1 accordingl}^ did, in a con- 
ference I had on the 15th with M. Marbois. He expressed great 
sorrow that we could not go beyond that sum, because he was sure 
that it would not be accepted, and that perhaps the whole business 
would be defeated, which he the more feared, as he had just received 
a note from the Minister, indicative of the Consul's not being quite 
pleased that he had so greatly lowered his original proposition. He 
said that he saw our situation, and he knew that there was a point 



174 PURCHASE OF THE TERRITORY OF LOUISIANA. 

bej'ond which we could not go safely to ourselves or the President; 
but he wished us to advance to that point. He said that he would, 
if 1 wished, go that very day to St. Cloud, and let me know the result. 
I reminded him of the Consul's promise to pay the debt. I placed in 
the strongest light his personal obligation on this subject; and desired 
him to urge it as an additional reason to conclude an agreement which 
would facilitate the means of doing it. The next morning, which was 
yesterday, I again called to see him. He told me that he had been to 
St. Cloud; that the Consul received his proposition very coolly; and 
that I might consider the business as no longer in his hands, since he 
had given him no further powers; that he had urged the Consul's 
promise relative to the debt, which he admitted; but said, at the same 
time, he did not think it had exceeded three millions, though my letter 
expressly mentioned twent3\ He expressed great sorrow upon the 
occasion; and advised me to press M. Talleyrand to present Mr. Monroe 
the next day, (that is, this day;) that he hoped that, if the Consul saw 
me, as he had a very particular esteem for me, he would renew the 
subject with me himself. 

1 went to Mr. Monroe, and carried him to the Minister, who had not 
returned from St. Cloud; and afterwards went again, but could not see 
him. 1 dined with the Second Consul yesterday; and in the evening 
M. Marbois came in. I took him aside, and asked him if anything 
further had passed: he said not; but, that as he was to go to St. Cloud 
the next day, it was possible that the Consul might touch upon the sub- 
ject again; and that, if he did not, I might consider the plan as relin- 
quished; and that, if I had any further proposition to make, it would be 
well to state it. I then told him that on further conversation with 
Mr. Monroe, we had resolved to go to the greatest possible length, and 
that we would give tlft}^ millions. He said he had very little hopes 
that anything short of his proposition would succeed; but that he 
would make the best use of the arguments I had furnished him with, 
if an opportunity was offered; and if nothing was done the next day, 
I might conclude that the Consul had changed his sentiments; that, 
having given the Kingdom of Etruria, whose revenues were twenty- 
five millions, in exchange for this country, it was natural that the First 
Consul should estimate it beyond its real value. 

Thus we stand at present, resolving to rest a few days upon our oars; 
in the meantime I shall press the payment of the debt as an excite- 
ment to forward the other business. 

No notice has been given of Mr. Monroe's reception; and I am not 
without my fears that he will not be received before the usual diplo- 
matic daj^ which will not be till the 15th, and, before that time, the 
Consul will probably go upon his tour to Flanders. Mr. Monroe hav- 
ing been compelled, when here, to be well with the party then upper- 
most, and who are now detested by the present ruler, it will be 



PURCHASE OF THE TEREITORY UF LOUISIANA. 175 

some time before they know how to estimate his worth; and Talleyrand 
has, I find, imbibed personal prejudice against him, that will induce 
him to throw every possible obstruction in his way, that he can do con- 
sistently with their own views. 

I shall attend to the other subjects of 3"our letter at the first moment 
of leisure. At present I think it will be improper to touch upon less 
important matters, which may either divert the attention or irritate. 

I am sorr}' you have not thought it proper to attend to my request 
as to the Italian Republic. It has, I believe, been acknowledged by all 
the Powers of Europe except Great Britain. Compliments that cost 
nothing should, I think, always be paid, where you have points to carry. 
Be so obliging, in answering my letters, as to notice any project I 
throw out; because it is not enough to have them passed over in silence, 
as that leaves me in doubt; whereas the approbation or rejection of 
them precisely would inform me of your sentiments, and enable me to 
act accordingly. 

I am, dear sir, with much esteem and respect, your most obedient, 
humble servant. 

R. R. Livingston. 



Mr. Madison to Messrs. Livingston and Monroe. 

Department of State, April 18, 1803. 

Gentlemen: A month having elapsed since the departure of Mr. 
Monroe, it may be presumed that, b}^ the time this reaches 3' ou, com- 
munications will have passed with the French Government, sufficiently 
explaining its views towards the United States, and. preparing the way 
for the ulterior instructions which the President thinks proper should 
now be given. 

In case a convention and arrangement with France should have 
resulted from the negotiations with which you are charged; or, in case 
such should not have been the result — but no doubt should be left that 
the French Government means to respect duly our rights, and to culti- 
vate sincerely peace and friendship with the United States — it will be 
expedient for you to make such communications to the British Gov- 
ernment, as will assure it that nothing has been done inconsistent Avith 
our good faith, and as will prevent a diminution of the good under- 
standing which subsists between the two countries. 

If the French Government, instead of friendly arrangements or 
views, should be found to meditate hostilities, or to have formed pro- 
jects which will constrain the United States to resort to hostilities, 
such communications are then to be held with the British Government, 
as will sound its dispositions, and invite its concurrence in the war. 
Your own prudence will suggest that the communications be .so made 
as, on the one hand, not to precipitate France into hostile operations; 



176 PURCHASE OF THE TERRITORY OF LOUISIANA. 

and, on the other, not to lead Great Britain from the supposition that 
war depends on the choice of the United States, and that their choice 
of war will depend on her participation in it. If war is to be the 
result, it is manifestly desirable that it be delayed until the certainty 
of this result can be known, and the legislative and other provisions 
can be made here; and also of great importance, that the certainty 
should not be known to Great Britain, who might take advantage of 
the posture of things to press on the United States disagreeable con- 
ditions of her entering into the war. 

It will probabl}^ be most convenient, in exchanging ideas with the 
British Government, to make use of its public Minister at Paris, as less 
likely to alarm and stinudate the French Government, and to raise the 
pretensions of the British Government, than the repairing of either of 
you to London, which might be viewed by both as a signal of rupture. 
The latter course, however, may possibly be rendered most eligible by 
the pressure of the crisis. 

Notwithstanding the just repugnance of this country to a coalition 
of any sort with the belligerent politics of Europe, the advantages to 
be derived from the cooperation of Great Britain in a war of the 
United States, at this period, against France and her allies, are too 
obvious and too important to be renounced. And notwithstanding 
the apparent disinclination of the British councils to a renewal of hos- 
tilities with France, it will probably yield to the various motives which 
will be felt to have the United States in the scale of Britain against 
France, and particularly for the immediate purpose of defeating a 
project of the latter, which has evidentl}^ created much solicitude in 
the British Government. 

The price which she may attach to her co-operation can not be fore- 
seen, and, therefore, can not be the subject of full and precise instruc- 
tions. It may be expected that she will insist at least on a stipulation 
that neither of the parties shall make peace or truce without the con- 
sent of the other; and as such an article can not be deemed unreasona- 
ble, and will secure us against the possibility of her being detached, in 
the course of the war, b}^ seducing overtures from France, it will not be 
proper to raise difficulties on that account. It may be useful, however, 
to draw from her a definition, as far as the case will admit, of the objects 
contemplated b}" her, that whenever, with ours, they may be attainable 
by peace, she ma}^ be duly pressed to listen to it. Such an explanation 
will be the more reasonable, as the objects of the United States will be 
so fair and so well known. 

It is equally probable, that a stipulation of commercial advantages 
in the Mississippi, beyond those secured by existing treaties, will be 
required. On this point, it may be answered at once, that Great Brit- 
ain shall enjoy a free trade with all the ports to be acquired by the 
United States, on the terms allowed to the most favored nations in the 



PURCHASE OF THE TERRITORY OF LOUISIANA. 177 

ports, generall}", of the United States. If made an essential condition, 
you may admit, that in the ports to be acquired within the Mississippi, 
the trade of her subjects shall be on the same footing for a term of 
about ten j^ears with that of our own citizens. But the United States 
are not to be bound to the exclusion of the trade of any particular 
nation or nations. 

Should a mutual guaranty of the existing possessions, or of the con- 
quests to be made by the parties, be proposed, it must be explicitly 
rejected, as of no value to the United States, and as entangling them in 
the frequent wars of that nation with other Powers, and very possibly 
in disputes with that nation itself. 

The anxiety which Great Britain has shown to extend her domain 
to the Mississippi, the uncertain extent of her claims from North 
to the South, beyond the Western limits of the United States, and the 
attention she has paid to the Northwest coast of America, make it prob- 
able that she will connect with a war on this occasion, a pretension to 
the acquisition of the country on the west side of the Mississippi, 
understood to be ceded by Spain to France, or at least of that portion 
of it lying between that river and the Missouri. The evils involved in 
such an extension of her possessions in our neighborhood, and in such 
a hold on the Mississippi, are obvious. The acquisition is the more 
objectionable, as it would be extremely displeasing to our Western 
citizens, and as its evident bearing on South America, might be expected 
to arouse all the jealousies of France and Spain, and to prolong the 
war, on which the event would depend. Should this pretension, there- 
fore, be pressed, it must be resisted as altogether repugnant to the 
sentiments and to the sound policy of the United States. But it ma}^ 
be agreed, in alleviation of any disappointment of Great Britain, that 
France shall not be allowed to retain or acquire anj^ part of the terri- 
tor3% from which she herself would be precluded. 

The moment the prospect of war shall require the precaution, j^ou 
will not omit to give confidential notice to our puVjlic Ministers and 
Consuls, and to our naval commanders in the Mediterranean, that our 
commerce and public ships may be as little exposed to danger as pos- 
sible. It ma}', under certain circumstances, be proper to notify the 
danger immediately to the collectors in the principal ports of the 
United States. 

A separate letter to you is enclosed, authorizing you to enter into 
such communications and conferences with British Ministers as may 
possibly be required by the conduct of France. The letter is made a 
separate one, that it ma}^ be used with effect, but without the formality, 
of a commission. It is hoped that sound calculations of interest, as 
well as a sense of right, in the French Government, will prevent the 
necessity of using the authority expressed in this letter. In a contrary 
state of things, the President relies on your own information, to be 
H. Doc. 431 12 



178 PURCHASE OF THE TERRITORY OF LOUISIANA. 

gained on the spot, and on your best discretion, to open with advan- 
tage the communications with the British Government, and to propor- 
tion the degree of an understanding with it to the indications of an 
approaching war with France. Of these indications, also, 3'ou will be 
best able to judge. It will only be observed to you that, if France 
should avow or evince a determination to deny to the United States 
the free navigation of the Miisissippi, your consultations with Great 
Britain ma}' be held on the ground that war is inevitable. Should the 
navigation not be disputed, and the deposit alone be denied, it will be 
prudent to adapt your consultations to the possibility that Congress 
may distinguish between the two cases, and make a question how far 
the latter right may call for an instant resort to arm;;, or how far a 
procrastination of that remedy may be suggested and justified by the 
prospect of a more faA^orable conjuncture. 

These instructions have thus far supposed that Great Britain and 
France are at peace; and that neither of them intend at present to 
interrupt it. Should war have actually commenced, or its approach be 
certain, France will, no doubt, be the more apt to concur in friendly 
accommodations with us, and Great Britain the more desirous of 
engaging us on her side. You will, of course, avail 3'ourselves of 
this posture of things, for avoiding the necessity of recurring to Great 
Britain, or, if the necessity can not be avoided, for fashioning her dis- 
position to arrangements formed with Great Britain in reference to 
war, the policy of the United States requires that it be as little entan- 
gling as the case will permit. 

Our latest authentic information from New Orleans is of the 25th 
of February. At that date the port had been opened for provisions 
carried down the Mississippi, subject to a duty of 6 per cent., if con- 
sumed in the Province, and an additional dut}', if exported; with a 
restriction, in the latter case, to Spanish bottoms, and to the external 
ports permitted by Spain to her Colonial trade. A second letter, 
written b}' the Spanish Minister here, has been received by the Inten- 
dant, but without effect. On the 10th of March his interposition was 
repeated in a form which you will find, by his translated communica- 
tion to the Department of State, in one of the enclosed papers, was 
meant to be absolute!}' effectual. You will find in the same paper the 
translation of a letter from the French charge d'affaires here to the 
Governor of Louisiana, written with a co-operating view. A pro- 
visional letter to any French agents who might have arrived, had been 
previously written by him, in consequence of a note from this Depart- 
ment, founded on a document published at New Orleans, showing that 
orders had been given by the Spanish Government for the surrender 
of the Province to France; and he has of late addressed a third letter 
on the subject of the Prefect said to have arrived at New Orleans. It 
does not appear, however, from any accounts received, that I^ouisiana 
has yet changed hands, 



PURCHASE OF THE TEEKITORY OF LOUISIANA. 179 

What the result of the several measures taken for restoring the right 
of deposit will be, remains to be seen. A representation on the sub- 
ject was made by Mr. Graham, in the absence of Mr. Pinckney, to the 
Spanish Government, on the 3d of February. No answer had been 
received on the 8th, but Mr. Graham was led by circumstances to make 
no particular inference from the delay. The silence of the French 
Government to Mr. Livingston's representation, as stated in his letter 

of the dav of , is a very unfavorable indication, it might 

have been expected, from the assurances given, of an intention to 
observe the treaty between Spain and the United States, and to culti- 
vate the friendship of the latter, that the occasion would have been 
seized for evincing the sincerity of the French Government; and it 
may still be expected that no interposition that may be required hj the 
actual state of things will be withheld, if peace and friendship with 
the United States be really the objects of that Government. Of this, 
the mission of Mr. Monroe, and the steps taken by you on his arrival, 
will doubtless have impressed the proper convictions. 

During this suspense of the rightful commerce of our Western 
citizens, their conduct has been, and continues to be, highl}- exemplary. 
With the just sensibility produced by the wrongs done them, they have 
united a patient contidence in the measures and views of their Govern- 
ment. The justice of this observation will be confirmed to 3^ou by 
manifestations contained in the Western newspapers, herewith enclosed; 
and, if duly appreciated, will not lessen the force of prudential as well 
as other motives, for correcting past, and avoiding future trespasses 
on American rights. 

April 30. 

The letter from the Marquis d' Yrujo, of which you will find a trans- 
lated copy in the enclosed newspaper of this date, was yesterday 
received. The letters to which it refers, as containing orders for the 
re-establishment of our deposit at New Orleans, were immediatel}^ for- 
warded. They will arrive in time, we hope, to mitigate considerably 
the losses from the misconduct of the Spanish Intendant; and they are 
the more acceptable, as they are an evidence of the respect, in the 
Government of Spain for our rights and our friendship. 

From the allusion in this communication from the Spanish Minister to 
a future agreement between the two Governments, on the subject of an 
equivalent deposit, it would seem that the Spanish Government regards 
the cession to France as either no longer in force, or not soon to be 
carried into execution. However this may be, it will not be allowed, 
any more than the result of our remonstrance to Spain on the violation 
of our rights, to slacken the negotiations for the greater security and 
the enlargement of these rights. Whether the French or the Spaniards, 
or both, are to be our neighbors, the considerations which led to the 



180 PURCHASE OF THE TERRITOKY OF LOUISIANA. 

measures, taken with respect to these important objects, still require 
that they should be pursued into all the success that may be attainable. 
With sentiments of great respect, &c., 

James Madison. 
R. R. Livingston and James Monroe, Esqs. 



The Secretary of State to Messrs. Livingston and Monroe. 

Department of State, April 18, 1803. 

Gentlemen: The reasonable and friendly views with wliich you 
have been instructed by the President to enter into negotiations with 
the French Government, justify him in expecting from them an issue 
favorable to the tranquillity and to the useful relations between the 
two countries. It is not forgotten, however, that these views, instead 
of being reciprocal, may find, on the part of France, a temper adverse 
to harmony, and schemes of ambition, requiring, on the part of the 
United States, as well as of others, the arrangements suggested by a 
provident regard to events. Among these arrangements, the President 
conceives that a common interest may recommend a candid under- 
standing, and a closer connexion with Great Britain: and he presumes 
that the occasion may present itself to the British Government in the 
same light. He, accordingly, authorizes you, or either of you, in case 
the prospect of your discussion with the French Government should 
make it expedient, to open a confidential communication with Ministers 
of the British Government, and to confer freely and fully on the pre- 
cautions and provisions best adapted to the crisis, and in which that 
Government may be disposed to concur; transmitting to your own, 
without delay, the result of these consultations. 
With sentiments of high respect, &c., 

James Madison. 

R. R. Livingston and James Monroe, Esqs. 



[Extract.] 

Mr. King to the Secretary of State. 

April 19, 1803. 
In Lord Whitworth's last despatch, he says: "Two days ago, General 
Bernadotte left Paris, on his mission to the United States, with assur- 
ances of the First Consul's sincere desire to cultivate the friendship of 
that country; and 3'esterday Mr. Monroe, the American Envoy, arrived 
here." The United States, says his Lordship, are likely to reap the 
first fruits of our disagreement with France; the settlement of their 
afl'airs being already so nearly finished that little remains to be done 
by Mr. Monroe, who is said to be destined to relieve Mr. King at 
London. 



PURCHASE OF THE TERRITOKY OF LOUISIANA. 181 

[Extract.] 

Mr. King to the Secretary of State. 

London, Ajyt'll 28, 1803. 
"In a conference with Lord Hawkesbury on the 6th instant, I 
explained to him the object of the extraordinary mission of Mr. Mon- 
roe, pursuant to the tenor of your letter of the 29th of January, and 
I tiave the pleasure to inform you that his Lordship received the com- 
munication in good part, suggested no doubt of our right to pursue 
separately and alone the objects we aim at, and appeared to be satisfied 
with the President's views on this important subject." 



Mr. Madison to Mr. Monroe. 

Washington, April 20, 1803. 
Dear Sir, — You will receive with this all the communications 
claimed by the actual and eventual posture of our affairs in the hands 
of yourself and Mr, Living.ston. You will find, also, that the Spanish 
Government has pretty promptly corrected the wrong done b}'^ its 
ofiicer at New Orleans. This event will be a heavy blow to the clamor- 
ous for war, and will be very soothing to those immediatel}" interested 
in the trade of the Mississippi. The temper manifested by our West- 
ern Citizens has been throughout the best that can be conceived. The 
real injury from the suspension of the deposit was, however, much 
lessened by the previous destruction of the entire crop of wheat in 
Kentucky, by the number of sea vessels built on the Ohio, and by 
throngs of vessels from Atlantic ports to 'the Mississippi, some of 
which ascended to the Natchez. The permission, also, to supply the 
market at New Orleans, and to ship the surplus as Spanish property 
to Spanish ports, was turned to good account. The trial, therefore, 
has been much alleviated. Certain it is that the hearts and hopes of 
the Western people are strongly fixed on the Mississippi for the future 
boundary. Should no improvement of existing rights be gained, the 
disappointment will be great. Still, respect for principle and charac- 
ter, aversion to poor rates and taxes, the hope of a speedy conjunc- 
ture more favorable, and attachment to the present order of things, 
will be persuasive exhortations to patience. It is even a doubt with 
some of the best judges whether the deposit alone would not be waived 
for a while, rather than it should be the immediate ground of war and 
an alliance with England, This suggested a particular passage in the 
official letter now sent you and Mr, Livingston. * * * 



182 PUECHASE OF THE TERRITORY OB^ LOUISIANA. 

President Jefferson to Dr. Hugh Williamson. 

Washington, Ajyril 30, 1803. 
Dear Sir, — I thank 3^011 for the information on the subject of navi- 
gation of the Herville contained in j^ours of the 10th. In running 
the late line between the Choctaws and us, we found the Amite to be 
about thirty miles from the Mississippi where that line crossed it, 
which was but a little noi-thward of our southern boundary. For the 
present we have a respite on that subject, Spain having without delay 
restored our infracted right, and assured us it is expressly saved by 
the instrument of her cession of Louisiana to France. Although I do 
not count with confidence on obtaining New Orleans from France for 
money, yet 1 am confident in the policy of putting off the day of con- 
tention for it till we have lessened the embarrassment of debt accumu- 
lated instead of being discharged bj^ our predecessors, till we obtain 
more of that strength which is growing on us so rapidly, and especially 
till we have planted a population on the Mississippi itself sufiicient to 
do its own work without marching men fifteen hundred miles from the 
Atlantic shores to perish by fatigue and unfriendly climates. This 
will soon take place. In the meantime we have obtained by a peace- 
able appeal to justice, in four months, what we should not have obtained 
under seven years of war, the loss of one hundred thousand lives, an 
hundred millions of additional debt, many hundred millions worth of 
produce and property lost for want of market, or in seeking it, and 
that demoralization which war superinduces on the human mind. To 
have seized New Orleans, as our federal maniacs wished, would only 
have changed the character and extent of the blockade of our western 
commerce. It would have produced a blockade, by superior naval 
force, of the navigation of the river as well as of the entrance into 
New Orleans, instead of a paper blockade from New Orleans alone 
while the river remained open, and I am persuaded that had not the 
deposit been so quickly rendered we should have found soon that it 
would be better now to ascend the river to Natchez, in order to be 
clear of the embarrassments, plunderings, and irritations at New 
Orleans, and to fatten by the benefits of the depot a city and citizens 
of our own, rather than those of a foreign nation. 



[Extract.] 

Mr. Madison to Mr. Monroe. 

Washington, May i, 1803. 

The order from Spain for the restoration of the deposit has had a 

good effect everywhere. We are told at the same time, in the very 

words of the Article, that, in the cession of Louisiana, our rights 

under the Treaty of '95 are saved. On the 1st of April, Laussat, the 



PURCHASE OF THE TERRITORY OF LOUISIANA. 183 

Prefect, was at New Orleans, and the late Governor, Casa-Calvo, was 
expected in a few days from the Havana, to deliver possession to the 
French. Whether this message will be delayed for the arrival of the 
Cap'. General, or what may result to it from other causes, can be 
better understood with you than here. Laussat professes to be kindlj^ 
disposed, and undertakes to affirm that the French Government had 
nothing- to do in the arrest of the deposit b}' the Spanish officer, and 
that if he had been there in authority no such thing would have hap- 
pened. He does not admit that he has any authority to meddle in any 
way at present, and gives this answer to Pichon's exhortation. The 
Intendant had declined in like manner to obe}" the advice of Yrujo. 
The last more peremptory interpositions of these Ministers had not 
arrived, and the importance of them was superceded by the orders from 
Spain. The attention here is much alive to the transfer of the coun- 
try to France, and it becomes her, if she wishes to be on cordial terms 
with us, to proceed in eveiy step with strict justice and exemplary 
frankness. 



Extract of a letter from Mr. Cevallos, Minister of His Catholic Majesty, 
to Charles Pinckney, esq. 

Aranjuez, May 4, 180S. 

The system adopted by His Majesty not to dispossess himself of any 
portion of his States, deprives him of the pleasure of assenting to the 
cessions which the United States wish to obtain by purchase, as I have 
intimated for their information to the Marquis of Casa Yrujo. 

By the retrocession made to France of Louisiana, this Power regains 
the said province with the limits it had, and saving the rights acquired 
by other Powers. The United States can address themselves to the 
French Government to negotiate the acquisition of territories which 
may suit their interest. 



Mr. King to Messrs. Livingston and Monroe. 

London, May 7, 180S. 
Gentlemen: War seems to be quite inevitable, though it is possible 
that the offer of France to leave Malta in the hands of Russia, Austria, 
or Prussia, may create some hesitation, and, had it been early made, 
would perhaps have prevented the present crisis. In case of war, it is 
the purpose of this Government to send an expedition to occupv New 
Orleans. If it be ceded to us, would it not be expedient openly or 
confidentiall}^ to communicate the fact here? I have reason to be 
satisfied that it would prevent the projected expedition. I shall 
remain here till the 14tb, in hopes that I may receive your answer, 
which might be expedited b}^ a courier, should the communication be 
deemed prudent. 



184 PURCHASE OF THE TERRITORY OF LOUISIANA. 

Mr. Monroe to Mr. Livingston. 

May 5, 1803. 

Dear Sir, — I have examined with great attention the articles of the 
project which we presented as agreed & amended between ourselves, 
to Mr. Marbois & that which he returned to us, & find that neither is 
drawn with sufficient accuracy to accomplish the object which is 
intended. A reference to the statement heretofore given to you by 
the commercial agent here and by 3^ou retuined to the minister of for- 
eign aflfairs, cannot be considered, as defining with sufficient accuracy, 
the claims, that are to be admitted, as it probably comprises many that 
are excluded, by the latter part of the same article, & maj^ exclude 
others that ought to be admitted; the time too, at which the interest 
is to commence does not appear to me to be sufficiently definite, or 
founded in justice. The irregularity in the condition of the creditors, 
some of whom are to be paid immediately & others at the end of the 
9 months after their claims are liquidated, is also highly" objectionable. 
The absolute submission to the decision of the French bureaus, in 
cases where the claims of our citizens have, or ma}^ be rejected, ought 
also to be provided against. It is equally proper, that the powers of 
our board should be enlarged & more clearly defined, especially that 
it should extend, to the requiring & receiving of evidence, necessary 
to guide them to a just decision. Some provision is also necessary, 
in favor of the creditors, whose claims haA^e accrued since the last 
convention. 

If the board is organized, as we propose, it appears to me, to be 
unnecessary to assign, to our commercial agent, the duty which is pro- 
posed in our project; the more so, as if it is not comprised in his duty 
assigned by the Government, we should incur an useless expense. 

I have drawn such a paper as appears to me to be free from those 
objections, which 1 beg to submit to your consideration. I have 
assumed the Debt, reserving to the United States, the sum, which may 
remain, if any, after paying it, of the 20 millions assigned for the 
purpose. I will be happy to call on you, or receive you here imme- 
diately; after you have examined the enclosed, as may be most con- 
venient to you. Very sincerely &c. 



Mr. Monroe to Mr. Livingston. 

May 6, 1803. 
Dear Sir, — 

I send you a translation of the project for the debts. The French 
copy I sent to Mr. Marbois last night at 11. not being able to do it 
sooner. I informed him that if he wished a meeting this morning we 
would attend him on a notification to that effect. I find that the 'Sd. 
Art. does not go as far as it ought to do. It does not give to the 



PURCHASE OF THE TERRITORY OF LOUISIANA. 185 

board to be established by the U. States a power over the claims to be 
liquidated, of the same extent as is given to them over those which are, 
in respect to the character of the debt & of the claimant. The board 
is also restrained from the cognizance of such claims which are not 
objected to by our agent, which if proper as to the merit of such 
claims, can not be so on the principle referred to. The money also 
should be paid on the certificate of that board & the order of our 
ministers as in other cases. I send you a note on that subject which I 
wish you to examine, to be added to the end of that article & incor- 
porated in it, if you approve. 



Mr. Monroe's Draft of Convention. 

Art. 1. The debts due by France to citizens of the United States 
which accrued before the '2'^. Vend'^'' 9 year of the French Republic, 
30 Sep*. 1800, shall be paid according to the following principles with 
interest at six per cent: from the time they respectively became due. 

The debts which it is hereby intended to provide for, according to 
the true intent & meaning of the 5"" Art: of the above mentioned 
convention, are such as are due to American citizens for supplies fur- 
nished to the French Republic, for embargoes & other detention of 
vessels, for captures in which the appeal has been properly lodged 
within the time specified by the said convention. It being the express 
intention of the contracting parties to preclude from the benefits of 
this article, all contracts for covering goods not the sole property of 
American citizens; all commercial speculations made by American 
citizens establishing houses of commerce in France, England or other 
foreign country, in their own names or in conjunction with foreigners, 
whereb}^ they are to be considered in the commercial transactions of 
such houses, as domiciliated in the countries where such houses are 
established, and entitled to the aid of the governments under which 
they were so established. 

It is agreed that the government of France shall by means of its suit- 
able department adjust the whole amount of such of the above claims 
as have been returned or presented to the several bureaus, within the 
space of months from the date of this treaty, & that it will cause all 
other claims which may hereafter be presented to be adjusted with the 
least possible delay. As soon as any claim shall be thus adjusted, the 
department by whom the adjustment is made, shall grant a certificate 
for the sum due, stating the object or consideration for which it 
became due, to the person entitled to it, who shall present the same 
for revision to the board provided for in the following article. 

Should any claim be rejected by such department of the French Gov- 
ernment, the party thiniiing himself thereby injured shall be entitled 



186 PURCHASE OF THE TERRITORY OF LOUISIANA. 

to a statement of his case comprisinor the motive of the rejection, to be 
presented in like manner before the said board. 

Art. 2. And that suitable & adequate provision ma}?^ be made for 
the payment of all just debts due b}^ the French Government to the 
citizens of the United States, above described & none other, according- 
to the true intent & meaning of the 5"" article of the said convention, 
it is further agreed that the ministers plenipotentiar}^ of the United 
States shall appoint a board consisting of three persons to act till the 
same are tinall}' adjusted, or until the President with the advice of the 
Senate shall appoint others, who or a majority' of them shall have full 
power to revise all such claims thus adjusted or rejected by the said 
department of the French Government, & to reject or admit the same, 
in part or in whole, as in their judgment shall appear right & just on 
the principles above stated. To enable this board full}^ & completel}^ 
to execute the duties hereby assigned it, it shall be authorized to 
require and review such testimony, in all cases as may be necessary' to 
a full & impartial decision & also to examine all authentic pieces & 
documents in the bureaus of the French Republic, relative to the said 
claims, & to take copies of the same when necessary. 

When any claim is admitted by the above mentioned board, the party 
entitled to the same shall receive from the said board a certificate for 
the amount due, in which shall be stated the time at which it became 
due, & the Ministers Plenipotentiary of the United States in case 
there lie more than one present, shall give orders on the Treasury of 
the United States for the payment of the same, with interest thereon 
from the time the debt became due at the rate of six per cent per 
annum till paid, which orders shall be paid at the Treasury three 
months after sight, in case the treaty has been previously ratified by 
both parties, and the ceded territory delivered into the possession of 
the United States. 

It is understood that the rejection of any claim by this board shall 
produce no other effect than to exempt the United States from the 
payment of it: The party holding such claim shall have the same 
right to demand it of the Government of France; as if this treaty had 
not passed. It is also understood that nothing in this treaty is 
intended or shall be construed in such manner as to affect the claims 
of citizens of the United States on the French Government for debts 
which have been contracted since the 30"' of Sept. 1800. 

Art. 3. The United States engage to pay the amount of the debt 
due by the French Republic to their citizens, as above described & 
whose adjustment is provided for in the preceding articles, which debt 
is estimated at a sum not exceeding 20 millions of francs. 

It is further agreed that should the claims provided for in the pre- 
ceding articles not amount to the sum of twenty millions of francs, 
and other claims be hereafter presented to the Government of France, 



PURCHASE OF THE TERRITORY OF LOUISIANA. 187 

which were they now presented would be entitled to payment under 
this convention that such surplus shall be applied in discharge of the 
same. 



Messrs. Livingston and Monroe to Mr. King. 

Paris, May —, 1803. 
Sir: We have the honor to inform you that a treaty (the 30th April) 
nas been signed between the Minister Plenipotentiaiy of the French 
Government and ourselves, by which the United States have obtained 
the full right to and sovereignty in and over New Orleans, and the 
whole of Louisiana, as Spain possessed the same. If sir, you should 
find it necessary to make any communication to the British Govern- 
ment on this subject, you may likewise inform them that care has 
been taken so to frame the treaty as not to infringe upon any of 
the rights that Great Britain might claim in the navigation of the 
Mississippi. 



Mr. Livingston to the Secretary of State. 

Paris, May 12, 1803. 

Sir: You have seen in my late letter the direct commencement of 
the negotiation previous to the arrival of Mr. Monroe, and, in our 
joint letter, its consummation. It will be matter of curiosity, at least 
to you, to be more intimately acquainted with the exciting causes 
which have been long operating, and which I have hinted at in my 
letters to the President, but which, from their extreme delicacy, I 
have not thought it proper to detail. As this goes with the treat}^ by 
a special and safe messenger, I will send you the papers I referred to 
in my letters to the President. 

On my arrival, I found the credit and character of our nation very 
low. They were considered as interested speculators, whose god was 
money. The features of our statesmen, drawn from the caricatures 
in our newspapers, were viewed as real likenesses; and the democracy 
of America was believed to be the mad Jacobinism of France. The 
President was considered as among the most mad, because the head of 
the party; and it was not doubted that his Minister to France partook 
of his phrenzy. Some of my former friends were sent artfully to sound 
me on the subject of the existing Government here. As I had seen 
and heard enough to be satisfied that nothing short of the change that 
had taken place could have lessened the calamities of France, I 
answered them sincerely in such manner as to satisfy them that I 
meant to have no intrigues with its enemies; I carefulh^ avoided all 



188 PURCHASE OF THE TERRITORY OF LOUISIANA. 

connexion with them; and, in consequence of this, beg-an to acquire a 
degree of favor at Court. 

As the attention to Great Britain began to diminish, for reasons 
which it will take nie too much time to explain, and was graduall}^ 
converted into aversion by the freedom with which the election of the 
First Consul to that dignit}^ for life, and his other great measures, were 
treated in England, we of course grew more in favor; and if, in an}^ 
instance, the}' relaxed from the extreme hauteur with which the}^ 
treated all the foreign Powers, it was more particularly with us. They 
answered my notes politely, though not satisfactorily; while they left 
those of many other Ministers, who had demands upon them, unan- 
swered. Among the most favorite projects of the First Consul, was 
the colonization of Louisiana. He saw in it a new Eg\^pt; he saw in 
it a Colony that was to counterbalance the eastern establishment of 
Britain; he saw in it a provision for his Generals; and, what was more 
important in the then state of things, he saw in it a pretense for the 
ostracism of suspected enemies. To render the acquisition still more 
agreeable to the people, exaggerated accounts of its fertility, &c., 
were sold in every print shop. My first endeavor was to remove these 
impressions from the minds of the people most likely to be consulted, 
in which I was, generally speaking, very successful. But they all 
told me that it was a favorite project with the First Consul; nor would 
any of them hear of disposing of it by sale; yet so ignorant were they 
of the nature of their acquisition, that they never once suspected the 
Floridas were not included in their treaty, till they were convinced of 
the contrary by the inquiries they set on foot in consequence of my 
information. The Floridas, as you know, they endeavored to give in 
exchange for Parma; and in that negotiation set the price for which 
they would buy one, or sell the other, at forty millions of francs. 

I endeavored, as far as possible, to obstruct that negotiation, and, at 
the same time, urged the absurdity of attempting to colonize Louisiana 
without ports in the Gulf. When I found impressions were made by 
these measures, 1 wrote the treaties I have sent you, entitled Memoirs 
sur cette question: Est il avantageux a la France de lyrendre possession 
de la Louisiane? As the first Consul had before read with consider- 
able attention, my notes on the relative naval force and commerce of 
France and England and the United States, (which I have also sent 
you,) and paid me some compliments upon it, I got this essay under 
his eyes through the same channel. It was read with attention; and, 
though I have reason to think it weakened his belief in the impor- 
tance of Louisiana, yet, as he does not easily relinquish his plans, he; 
still prosecuted them, though with much less ardor than he had before' 
done. As I knew that his Ministers seldom dared to interpose their 
opinions, it was necessary to apply directly to him, through the only 
person who was supposed to have any influence with him; and who 



PUKCHASE OF THE TERRTTOEY OF LOUISIANA. 189 

that was, you have .seen in my private letters to the President. I will 
not hazard the repetition here. After breaking the subject in a con- 
versation with this gentleman, I sent him the note No. 1. He received 
it very graciously. Reading it in my presence, he told me that, if I 
would permit him, he would show it to the First Consul. 1 made some 
hesitation on account of the delicacy of the subject. He assured me 
that he would take care that 1 should not be committed by it. Some 
days after, he told me that the First Consul had read it with attention; 
that so far as it referred to personal objects, he could not listen to it; 
but that the general and public motives I had mentioned merited par- 
ticular attention; that he approved my proposition, in part, but not to 
the extent I had proposed. I am satisfied that from this period they 
had determined to let us have New Orleans, and the territory above 
the Arkansas, in exchange for certain commercial advantages; and 
that, if they could have concluded with Spain, we should also have had 
West Florida; but that nothing could be done until that business was 
terminated. This note had the effect of removing, in the fullest 
degree, every doubt that could possibly have remained relative to my 
sentiments of the present Government; and certain circumstances in 
it led to a kind of personal consideration which I have ever since 
enjoyed here. 

Not willing, however, to let the impressions I have made wear off, I 
wrote the note No. 2, which was also read with attention by the First 
Consul; and I believe produced a determination to enter upon the sub- 
ject as soon as matters were arranged with Spain. As I believed, from 
the First Consul having spoken on this subject to the Minister of For- 
eign Affairs, that the channel through which I submitted my observa- 
tions was known to the latter, and of course could not be ver}- 

pleasing to him; and as this was intimated to me by , who, in 

answer to my note No. 3, requested me to break the subject to the 
Minister; jou will have seen in my several notes, that I did not neglect 
to do so. But two causes suspended any absolute determination. 
First, the state of the negotiation with Spain relative to the Floridas; 
and next, my total want of power or instructions, which reduced me 
to the necessity of bringing forward nothing more specific; while I 
endeavored to pave the way for something conclusive when I should, 
as I had long hoped, receive them. The First Consul, too, had con- 
ceived an idea that, by taking possession of the country, he could more 
advantageously treat with our Government; and Mr. Talleyrand 
accordingly told me several times, in general terms, that everything 
would be arranged; but that they must first take possession. After 
General Bernadotte was appointed, he assured me that he should have 
powers for this purpose; but as I had then received the newspaper 
account of the conduct of the Governor of New Orleans, I thought it 
would be a good ground for pressing something decisive, both with 



U)() PURCHASE OF THE TERRITORY OF LOUISIANA. 

the Minister and through ; with a view then to bring them to 

make some proposition here, or at least to give such discretionary 
powers as would facilitate your treaty with General Bernadotte. My 

notes to the Minister 3^ou have. No. 4 is a copy of m}?- letter to , 

which was also submitted to the First Consul, and produced nothing 
more than a verbal promise that all would be arranged when proper 
information could be received through General Bernadotte. 

I have no doubt that it has long been their intention to make the 
arrangements I proposed, in exchange for commercial advantages. A 
sale has always been disrelished, as I was constantly told by Marbois 
and Talleyrand; and, as is clearly to be inferred, from the Consul's 
note in answer to my letter. What, however, I believe, principally 
drove him to this measure, was the promise which the First Consul had 
hastily made me to pa}^ our debt fully and promptly; and which he 
found himself in no situation to fulfill, and yet knew not how to elude, 
as I pressed it at every turn, and spoke of it to Talleyrand and all the 
Consul's friends, assured them that 1 had communicated it not onl}^ to 
the Government but to the creditors, with the declaration that the}'^ 
might firmly rely on it, as no one could believe that a man of the Con- 
sul's character, a sovereign and a soldier, could break his word. I told 
the Minister of the Treasury that, as I owed it to mj^self to justify 
what 1 had said, I thought myself bound to publish ni}^ letter to the 
First Consul, with his answer, and the execution of his solemn engage- 
ments. I asked what his enemies would say to such a publication ? He 
replied — Or his friends? 

The resolutions proposed in Congress, in consequence of the busi- 
ness of New Orleans, coming to hand, I sent a translation of them by 

General Bernadotte to , and also enclosed them to the Minister. 

They proved we would not be trifled with; and the probabilit}" of a 
rupture with England, and the effects of which upon the country, as 
3^ou have observed in my notes, have been very strongly stated to 
them, hastened their determination; and they saw, as Mr. Talleyrand 
told me, that if thej'^ gave what I asked, the rest was not worth keep- 
ing. This, and the impossibility of otherwise keeping faith with us, 
produced a determination to sell ; which was communicated to the Coun- 
cil, as I informed you on the 8th of April. There was a moment, even 
after Talleyrand called on me to set a price, that I thought the whole 
might drop through. It was then, as 1 informed you, he pretended 
he spoke without authority, and that Louisiana was not theirs, &c. 
But, as I have since written to you, that mystery was cleared the 
next day. 

The subsequent measures you have in my letters and notes, and m 
those Mr. Monroe and m3\self have jointly written to you. As 1 
believe that, next to the negotiation that secured our independence, 
this is the most important the United States have ever entered into, 



PURCHASE OF THE TERKITORY OF LOUISIANA. 191 

I thought eveiTthing- that led to it might interest you and the Presi- 
dent. 1 wished 3"ou to be minutely acquainted with every step I had 
taken; my verbal comnmnications with cverj^body to whom I had 
access, whose interest I conceived might be useful, it would be impos- 
sible to detail. Nothing, however, was neglected on my part: and I 
sincerely hope the issue may be acceptable to our country. 

Lord Whitworth retired last night, after the arrival of a messenger 
from Russia. The Emperor undertakes the mediation, but England 
will certainly decline, as it would be to continue her present ruinous 
expense, and derange her commerce probably for an unlimited time. 

I have 3^et no time, nor indeed thought it proper, to interpose any 
business of less importance, while the arrangements relative to, and in 
consequence of, the treaty were going on. The moment our messen- 
gers are despatched I shall give it all mj^ attention. 
I have the honor to be, &c. , 

K. R. Livingston. 



Messrs. Livingston and Monroe to Mr. Madison. 

Paris, May 13, 1803. 

Sir: We have the pleasure to transmit to you liy M. Dirieux a treaty 
which we have concluded with the French Republic for the purchase 
and cession of Louisiana. The negotiation of this important object 
was committed, on the part of France, to M. Marbois, Minister of the 
Treasury, whose conduct therein has already received the sanction of 
his Government, as appears by the ratiiication of the First Consul, 
which we have also the pleasure to forward to you. 

An acquisition of so great an extent was, we well know, not contem- 
plated by our appointment; but we are persuaded that the circum- 
stances and considerations which induced us to make it will justify us 
in the measure to our Government and country. 

Before the negotiation commenced we were apprized that the First 
Consul had decided to offer to the United States, by sale, the whole of 
Louisiana, and not a part of it. We found, in the outset, that this 
information was correct, so that we had to decide, as a previous ques- 
tion, whether we would treat for the whole, or jeopardize, if not 
abandon, the hope of acquiring any part. On that point we did not 
long hesitate, but proceeded to treat for the whole. We were per- 
suaded that, by so doing, it might be possible, if more desirable, to 
conclude eventually a treaty for a part, since, being thus possessed of 
the subject, it might be easy, in discussion, at least, to lead from a view 
of the whole to that of a part, and with some advantages peculiar to a 
negotiation on so great a scale. By treating for the whole, whereby 
we should be enabled to ascertain the idea which was entertained by 
this Government of its value, we should also be able to form some 



192 PURCHASE OF THE TERRITORT OF LOUISIANA. 

estimate of that which was affixed to the value of its parts. It was, 
too, probable that a less sum would be asked for the whole, if sold 
entire to a single purchaser, a friendly Power, who was able to pay for 
it, and whom it might be disposed to accommodate at the present junc- 
ture, than if it should be sold in parcels either to several Powers or 
companies of individuals; it was equally so, if this Government should 
be finally prevailed to sell us a part, that some regard would be paid in 
the price asked for it to that which was demanded for the whole. 
Lastly, by treating for the whole, whereby the attention of this Gov- 
ernment would be drawn to the United States, as the sole purchasers, 
we might prevent the interference of other Powers, as also that of 
individuals, who might prove equally injurious in regard to the price 
asked for it, whether we acquired the whole or any part of the terri- 
tory. We found, how^ever, as we advanced in the negotiation, that 
M. Marbois was absolutely restricted to the disposition of the whole; 
that he would treat for no less portion, and, of course, that it was 
useless to urge it. On mature consideration, therefore, we finally 
concluded a treaty on the best terms we could obtain for the whole. 

By this measure, we have sought to carry into effect, to the utmost 
of our power, the wise and benevolent policy of our Government, on 
the principles laid down in our instructions. The possession of the left 
bank of the river, had it been attainable alone, would, it is true, have 
accomplished much in that respect; but it is equalh^ true that it would 
have left much still to accomplish. By it our people would have had 
an outlet to the ocean in which no Power would have a right to dis- 
turb them; but while the other bank remained in the possession of a 
foreign Power, circumstances might occur to make the neighborhood 
of such Power highly injurious to us in many of our most important 
concerns. A divided jurisdiction over the river might beget jealousies, 
discontents, and dissensions, which the wisest policy on our part could 
not prevent or control. With a train of colonial governments estab- 
lished along the western bank, from the entrance of the river far into 
the interior, under the command of military men, it would be difficult to 
preserve that state of things which would be necessary to the peace and 
tranquillity of our country. A single act of a capricious, unfriendly, 
or unprincipled subaltern might wound our best interests, violate our 
most unquestionable rights, and involve us in war. But by this acquisi- 
tion, which comprises within our limits this great river, and all the 
streams that enter into it, from their sources to the ocean, the appre- 
hensions of these disasters is banished for ages from the United States. 
We adjust by it the only remaining known cause of variance with this 
very powerful nation; we anticipate the discontent of the great rival 
of France, who would probably have been wounded at any stipulation 
of a permanent nature which favored the latter, and which it would 
have been difficult to avoid, had she retained the right bank. We cease 



PURCHASE OF THE TERRITORY OF LOUISIANA. 198 

to have a motive of urgency, at least, for inclining to one Power, to 
avert the unjust pressure of another. We separate ourselves in a great 
measure from the European world and its concerns, especially its wars 
and intrigues. We make, in line, a great stride to real and substantial 
independence, the good effect whereof will, we trust, be felt essentially 
and extensively in all our foreign and domestic relations. Without 
exciting the apprehension of any Power, we take a more imposing 
attitude with respect to all. The bond of our Union will be strength- 
ened, and its movements liecome more harmonious by the increased 
parity of interests which it will communicate to the several parts which 
compose it. 

In deliberating on this subject in a financial view, we were strongly 
impressed with the idea that while we had only right of deposit, or, 
indeed, while the right bank remained in the possession of a foreign 
Power, it was always to be expected that we should, at some time or 
other, be involved in war on questions resulting from that cause. We 
were well satisfied that an}^ war would cost us more than is hereby 
stipulated to be given for this territory; that none could produce a 
more favorable result; while it might, especially in the present dis- 
turbed state of the world, prove the ruin of our affairs. 

There were other considerations which, though of minor importance, 
had, nevertheless, their due weight in our decision of this great ques- 
tion. If France, or an}' other Power holding the right bank of the 
river, imposed lighter duties than comported with the revenue system 
of the United States, supposing even that we had acquired the left 
bank, all the supplies destined for our extensive and populous settle- 
ments on the other side would be smuggled in through that channel, 
and our revenue thereby considerably diminished. Should such Power 
open offices for the sale of lands on the western bank, our population 
might be drained to the advantage of such Power, the price of our 
lands be diminished, and their sale prevented. But, by the possession 
of both banks, these evils are averted. 

The terras on which we have made this acquisition, when compared 
with the objects attained b}^ it, will, we flatter ourselves, be deemed 
advantageous to our country. We have stipulated, as you will see by 
the treat}?^ and convention, that the United States shall pay to the 
French Government sixty millions of francs, in stock, bearing an 
interest of six per cent. ; and a sum not exceeding twenty more to our 
citizens, in discharge of the debts due to them by France, under the 
convention of ISOO; and also to exempt the manufactures, productions, 
and vessels, of France and Spain, in the direct trade from those coun- 
tries, respectively, in the ports of the ceded territory, from foreign 
duties for the term of twelve years. The stock is to be created irre- 
deemable for fifteen years, and discharged afterwards in three equal 
annual mstallments. The interest on it is to be paid in Europe, and the 
H. Doc. 431 13 



194 PUECHASE OF THE TEEEITORY OF LOUISIANA. 

principal, in case this Government thinks proper to sell it, disposed of 
in such manner as will be most conducive to the credit of the Ameri- 
can funds. The debts due to our citizens are to be discharged by 
drafts on the Treasury. We omit a more minute view of the stipula- 
tions of these instruments, since, as you will possess them, it is 
unnecessary. 

Louisiana was acquired of Spain by France, in exchange for Tuscan}^ 
which latter is settled by treaty on the son-in-law of the King* of Spain, 
with the title of King of Etruria, and was estimated in the exchange, 
in consideration of the revenue, at one hundred millions of francs. 
The First Consul thought he had made an advantageous bargain in 
that exchange, as appeared b}^ the high idea which he entertained of 
its value, as shown on many occasions. Louisiana was the territory 
which he promised, in his proclamation at the peace, as an asylum to 
those who had become unfortunate by the Revolution, and which he 
spoke of as vast and fertile. When he made up his mind to offer the 
cession of it to the United States, it was contemplated to ask for it one 
hundred millions, exclusive of the debts they owed to our citizens, which 
tiiey proposed we should also pay, with a perpetual exemption from 
foreign duties on the manufactures, productions, and vessels of France 
and Spain in the ports of the ceded territory. From that demand how- 
ever (in respect to the sum) he receded, under the deliberations of his 
own cabinet; for the first proposition which M. Marbois made to us was 
that we should pay eighty millions — sixty of which in cash, the balance 
to our citizens, the whole in one year in Paris, with a perpetual exemp- 
tion from foreign duties as above. The modification in the mode of 
pa,y ment, (that is by stock, for from the quantum he never would depart,) 
and the limitation of the term of the duties to twelve years, with the 
proviso annexed to it, which was introduced into the treaty, with every 
other change from his project, was the efl^ect of negotiation and accom- 
modation, in which we experienced, on his part, and that of his Govern- 
ment, a promptitude and candor which were highly grateful to us. 

In estimating the real value of this countr}^ to the United States, a 
variety of considerations occur, all of which merit due attention. Of 
these, we have already noticed many of a general nature, to which, 
however, it may be difficult to fix a precise value. Others present 
themselves of a nature more definite, to which it will be more practi- 
cable to fix some standard. By possessing both banks, the whole 
revenue or duty on imports will accrue to the United States, which 
nuist be considerable. The value of exports, we have understood, was 
last year four millions of dollars. If a portion only of the imports 
pass through that channel, (as under our Government we presume 
the}' will,) the amount of the revenue will be considerable. This will 
annually increase in proportion as the population and productions in 
that quarter do. The value of the lands in the province of Louisiana 



PURCHASE OF THE TERRITORY OF LOUISIANA. 195 

(amounting to .some hundred million!-; of acres, of the best quality, and 
in the best climate) is perhaps incalculable. From either of these 
sources, it is not doubted that the sum stipulated may be raised in 
time to discharge the debt. 

We hope to be able to forward you herewith the order of this Gov- 
ernment for the delivery of the possession of the ceded territory to 
the United States, or to communicate its arrangements for that purpose, 
as also its views relative to the sale of the stock, since it is understood 
that their intention is to sell it. It has been intimated to us that the 
house of Baring, in London, connected with that of Hope, in Holland, 
will take the whole at their risk, at the current price in England, on a 
coumiission to be agreed on, paying to France a stipulated sum by the 
month. Their object is said to be, exclusive of that of making profit 
by it, to keep up the credit of our stock, they being nmch interested 
in it. Considering the great capital of these houses, it is presumable 
that they would 1)6 able to comply with any engagement they might 
make to that effect. And it can not be doubted that it would be more 
advantageous to us that the whole should be thus disposed of, than 
remain in the hands of France, who, under the pressure of difficulties, 
might have it less in her power to preserve or regard our credit in the 
disposition of it. We shall communicate with M. Marbois fully on 
this subject, and apprise you of the result. 

We received, some days past, a letter from Mr. King, in which he 
says, that, in case of war, which he deemed inevitable, the British Gov- 
ernment contemplated taking possession of the island of New Orleans. 
He desired information to be comnmnicated to that Government, 
whether it had been ceded to the United States, as he presumed a 
knowledge thereof would prevent the measure. W'e gave an imme- 
diate reply to his letter, in which we informed him that the whole of 
Louisiana had been ceded to the United States, which he was at liberty 
to communicate to the British Government. W^e likewise made the 
same communication to Lord Whitworth, the British Ambassador 
here, who expressed himself to be well satisfied with the event. 

These countries, France and England, have been on the point of 
a rupture for some time past. At present, the prospect of an accom- 
modation is more remote, as the English Ambassador left Paris at 10 
o'clock last night: still some hope of it is entertained by some persons 
in power here. This nation is desirous of peace, and it is believed 
that its Government is similarly disposed. 

Permit us to express an earnest wish that the President and Senate 
may decide with the least possible delay on the treaty and conven- 
tions which we have concluded, and have the pleasure to transmit 
to you. If it is the sense of our Government to ratify them, the 
sooner that fact is known to this Government the better its effect 
will be. 



196 PURCHASE OF THE TERRITORY OF LOUISIANA. 

The list of the debts due by France to American citizens not being 
yet prepared, owing to M. Marbois's absence to-day from Paris, and 
the previous delays of the offices in which the evidences were, can 
not be sent by this conveyance. In consequence, we retain the 
original of the convention to which it should be annexed, and send a 
copy of it: we shall forward in a day or two the original. By the 
list, it may be inferred that the debts amount to a greater sum than 
they really do: they will be subject, according to the convention, to 
the revision of our board, by w^hom it is expected they will be reduced 
considerably. We have full confidence that, including the interest, 
they will not exceed the sum of twenty millions of francs, which is 
much to be desired, as in that case all our citizens, whose claims are 
entitled to the support of our Govermnent, will be provided for and 
paid b}' it. You will observe that, in the mode adopted, considerable 
indulgence is given to our treasury. The whole sum is to be paid 
there, and imder dcla3's which will free it from embarrassment. 
We have the honor to be, sir, your obedient servants, 

R. R. Livingston. 

.Tames Monroe. 

P. S. — It was intended to have forwarded this b}^ M. Derieux; but 
he being forced to leave Paris some days since on his way to Bor- 
deaux, from whence he sails, we conmiit it to Mr. Hughes, who will 
embark at Havre. We shall forward to-morrow or next day an 
exemplification of it by Bordeaux, under the care of M. Derieux. 



Mr. King to Lord Hawkesbury. 

London, May 15, 1803. 

My Lord: In the present critical posture of ati'airs, I lose no time 
in comnmnicating to your Lordship, for His Majest3'\s information, 
that a treaty was signed at Paris on the 30th April, past, by the Pleni- 
potentiaries of America and France, by which the complete sover- 
eignty of the town and territory of New Orleans, as well as of all 
Louisiana, as the same was heretofore possessed by Spain, has been 
acquired by the United States of America. 

In drawing up this treaty, care has been taken so to frame the same 
as not to infringe any right of Great Britain in the navigation of the 
river Mississippi. 

I flatter myself that this communication will be received with satis- 
faction, and regarded as a new proof of the disposition of the United 
States to observe towards His Majesty a spirit of amity and confi- 
dence, important at all times, and more especially so in present cir- 
cumstances, to the harmon}^ and mutual prosperity of the two countries. 



PURCHASE OF THE TERRITORY OF LOUISIANA. 197 

Lord Hawkesbury to Mr. King. 

Downing Street, 2fay 19^ 1803. 
Sir: Having laid before the King- your letter of the 15th of this 
month, in which you inform me that a treaty wa.s sioned at Paris on 
the 30th of last month, b}^ the Plenipotentiaries of America and France, 
by which the complete sovereignty of the town and territory of New 
Orleans, as well as of all Louisiana, has been acquired b}" the United 
States, I have received His Majestj^'s commands to express to you the 
pleasure with which His Majesty has received this intelligence, and to 
add that His Majesty regards the care which has Ijeen taken so to 
frame this treaty as not to infringe an}^ right of Great Britain in the 
navigation of the Mississippi as the most satisfactorj^ evidence of the dis- 
position on the part of the Government of the United States (corre- 
spondent to that which His Majest}' entertains) to promote and improve 
that harmon}' and good understanding which so happily subsists 
between the two countries, and which are so conducive to their mutual 
benefit. I have it also in conmiand to assure you, sir, that the senti- 
ments which you have expressed, in making this communication, are 
considered by His Majestj^'s Government as an additional proof of that 
cordiality and confidence which you have imiforndy manifested in the 
whole course of your public mission, and which have so justly entitled 
you to the esteem and regard of His Majest3''s Government. 



Messrs. Livingston and Monroe to the Secretary of State. 

Paris, M(nj 16, 1S03. 
Sir: We have the honor to enclose the account which should be 
annexed to the convention transmitted to you. The Bordeaux embargo 
is in amignaU., and two-thirds will be deducted. From many of the 
others, we have reason to think, from a particular account now in our 
hands, there will be such considerable deductions as will reduce the 
whole charge to less than twenty millions of livres, including the 
interest. The Consul has agreed to ratify immediately, and we hope 
to have the honor of transmitting you the ratified ti'eaty, with an order 
to deliver the tei'ritory, in a few days. Such arrangements will also, 
we trust, be made relative to the stock as will prevent it coming on 
the market to an}- loss, or any part of it from being sold in America. 
We have the honor to be, &c., 

R. K. Livingston. 

James Monroe. 



Mr. Monroe to Mr. Madison. 

Paris 3fmj 18, 1803. 
Sir, — Since the conclusion of the treaty with France for the pur- 
chase of Louisiana, which was forwarded to you on the 13"' by M''. 



198 PURCHASE OF THE TERRITORY OF LOUISIANA, 

Hughes, with a joint letter from my colleague and myself, I feel 
myself much at a loss what part to take respecting the Floridas. 
There are some considerations in favor of an immediate pursuit of 
that object with Spain which have great weight on my mind. The 
cession of Louisiana by France to the U. States must lessen the value 
of the Floridas to Spain, and she will be apt to feel that effect more 
sensibl}' immediately after she hears it than at any other time. France 
too who has promised her aid in the negotiation with Spain, would 
probably take more interest in it, at this moment, while the obligation 
to yield it, is in a manner personal, than she might do hereafter. At 
this crisis of affairs between France and England which comprises 
Spain in an equal degree, there is reason to believ^e that we should 
derive much aid from a pressure on Spain, from that cause. It is 
equally presumable that England even in case of war would not inter- 
fere with our pursuit, much less break with us for obtaining the 
Floridas. The exclusion of her manufactures from the Continent of 
Europe, is a principal cause of her present unquiet and distressed sit- 
uation. It is her interest to cherish the U. States and Russia, as her 
best markets; a policy which 1 believe she understands and pursues 
with sincerit}'. To be involved in a war with us at this epoch would 
prove a great calamity to her. I have no doubt that at this time she 
is either indifferent respecting our acquisition of Louisiana, and that 
which we propose to make of the Floridas, or in no situation to oppose 
it. Indeed it is not improbable that she may wish it, as it weakens 
these powers, in that quarter and promises to open new markets to her 
manufactures. Should we not however acquire this territor}^ of Spain 
at this period, there is danger of its falling into the hands of some 
other power hereafter; a circumstance which might give us much 
troul)le, as it commands the mouths of several of our rivers, and gives 
a right to the navigation of the Mississippi. There are also consid- 
erations against my pursuing the object at present of great weight. 
We have already stipulated for a much greater sum than it was con- 
templated we should give for the object of m}" mission. To go further 
might embarrass our treasur3^ It may l^e advisable to exchange a 
portion of Louisiana next Mexico for the Floridas, and I have no 
power to make such an arrangement. I have weighed these consid- 
erations with the attention they merit, and the result is that I am of 
opinion that it is more in conformity to the spirit of m}^ instructions, 
and to the interest of my country, that I should proceed immediatel}' 
to Madrid to endeavour to obtain the Floridas than remain inactive 
and suffer the favorable occasion which is now presented to be lost. 
The acquisition of the Floridas is an important object with our gov- 
ernment, as is sufficiently shewn b}' our instructions. The purchase 
of the whole of Louisiana, tho' not contemplated is nevertheless a 
measure founded on the principles and justified ))y the policy of our 



PURCHASE OF THE TERRITORY OF LOUISIANA. 199 

instructions, provided it be thought a good bargain. Tlie only differ- 
ence between the acquisition we have made, and that which we were 
instructed to make in that respect, is, that a favorable occasion pre- 
senting itself which indeed was not anticipated by the administration, 
in the measures w^hich led to that event and laid the foundation for it, 
we have gone further than we were instructed to do. But the extent 
of that acquisition does not destroy the motive which existed before 
of acquiring the Floridas, nor essentially diminish it. In our instruc- 
tions the idea entertained b}^ the President of the value of that country 
is defined. It is to be presumed that under existing circumstances it 
may be had at a cheaper rate, since its importance to Spain is much 
diminished. And altho' the sum to be paid for Louisiana is consider- 
able, yet the period at which that portion which is applicable to the 
Government of France is to be paid, is so remote, and such dela3\s are 
incident to that which will be received b}" our citizens, that it is to be 
presumed the payment of what it would be proper to stipulate for the 
Floridas, would subject our treasury to no embarrassment. I am the 
more confident in this opinion, from the belief that it would be easy to 
raise on the land alone, retaining to our government the jurisdiction, 
a sum which would be sufficient to discharge the greater part of what 
it is probable Spain would ask for it. The l)ias of my mind there- 
fore is to pursue this object bv repairing immediately to Madi-id and 
endeavoring to obtain b}- treat}^ the territory in question thereb}" extir- 
pating the last remaining source of controversy or indeed jealous^' 
with these powers. If I proceed it will be in a week from this time, 
within which term every arrangement incident to the treaty and con- 
vention we have formed wnth this republick will proba])ly ])e com- 
pleated, and the little provision necessarj- for m}" journey to Spain 
likewise made. On this subject I shall write you again soon, let the 
decision which I take l)e wdiat it may. In case I go I shall leave my 
family at St. Germain till my return, which I shall expect to do in a 
few months. I am with great respect & esteem y"". ob*. servant. 



Mr. Livingston to the Secretary of State. 

Paris, May 20, 1803. 
Dear Sir: The subject of this letter is too important to admit of 
delay, in case the treaties should have been any time in your hands; 
but, as it has not yet been fully considered by Mr. Monroe, lie thinks 
he can not make it that of a joint letter till we have more fully dis- 
cussed it, which we propose to do to-morrow or the next day. But 
as that will be too late for this conversance, I throw out these hast}" 
thoughts for 3'our consideration. In the meantime you will cousider 
this rather as a private than as a public letter; since it may or may not 



200 PURCHASE ()F THE TERRITORY OF LOUISIANA. 

be made use of to promote such measures as, upon mature delibera- 
tion, the President shall think proper to adopt. I do not, howev^er, 
doubt that Mr. Monroe will concur with me in opinion, after we have 
discussed the subject; and that we shall, l)y the next opportunity, write 
to you officially thereon. 

1 informed you long since, that, on inquiring whether the Floridas 
were within the cession of Spain, I was told by M. Marbois he Avas 
sure that Mobile was, but could not answer further. I believed his 
information incorrect', because I understood that Louisiana, as it then 
was, made the object of the cession; and that since the possession of 
the Floridas by Britain, they had changed their names. But the 
moment I saw the words of the Treaty of Madrid I had no doubt but 
it included all the country that France possessed l)y the name of Lou- 
isiana, previous to their cession to Spain, except what had been con- 
veyed by subsequent treaties. 1 accordingly insisted, with M. Mar- 
bois, at the time we negotiated, that this would be considered as within 
our purchase. He neither assented nor denied, but said that all they 
received from Spain was intended to be conveyed to us. That my 
construction was right, is fairlv to be inferred from the words of the 
treaties, and from a comment upon them contained in the Spanish 
Minister's letter to Mr. Pinckney, in which he expressly says that 
France had recovered Louisiana as it formerly belonged to her, sav- 
ing the rights of other Powers. This leaves no doubt upon the subject 
of the intention of the contracting parties. Now, it is well known 
that Louisiana, as possessed by France, was bounded by the river Per- 
dido, and that Mobile was the metropolis. For the facts relative to 
this I refer you to Reynal and to his maps. I have also seen maps 
here which put the matter out of dispute. 

I called this morning upon M. Mar])ois for a further explanation on 
this subject, and to remind him of his having told me that Mobile made 
a part of the cession. He told me that he had no precise idea on the 
subject, l)ut that he knew it to be an historical fact, and that on that 
only he had formed his opinion. I asked him what orders had been 
given to the prefect, who was to take possession, or what orders had 
been given b}' Spain as to the boundary, in ceding it? He assured 
me that he did not know; but that he would make the inquiry, and let 
me know. At -i o'clock I called for Mr. Monroe to take him to the 
Minister of Foreign Affairs; but he was prevented from accompanying 
me. I asked the Minister what were the east bounds of the territoiy 
ceded to us? He said he did not know; we must take it as they had 
received it. I asked him how Spain meant to give them possession? 
He said, according to the words of the treaty. But what did you 
mean to take? I do not know. Then you mean that we shall construe 
it our own way? I can give you no direction; you have made a noble 
bargain for yourselves, and I suppose you will make the most of it. 



PURCHASE OF THE TERRITORY OF LOUISIANA. 201 

Now, sir, the sum of this business is, to recommend to you, in the 
strongest terms, after having obtained the possession, that the French 
Commissary will give you, to insist upon this as a part of your right; 
and to take possession, at all events, to the river Perdido. I pledge 
myself that your right is good; and, after the explanations that 
have been given here, you need apprehend nothing from a decisive 
measure. Your Minister here and at Madrid, can support your claim; 
and the time is peculiarly favorable to enable you to do it without the 
smallest risk at home. It may also l)e important to anticipate an}' 
designs that Britain may have upon that country. Should she possess 
herself of it, and the war terminate favorably for her, she will not 
readily relinquish it. With this in your hand. East Florida will l)e 
of little moment, and ma}" be yours whenever you please. At all 
events, proclaim your rights and take possession. 
I am, sir, &c.. 



RoBT. R. Livingston. 



Hon. James Madison. 



James Madison, Secretary of State, to Eobert R. Livingston, Minister to 

France. 

Department of State, May ^5, 1803. 

Sir: Your several letters of March 3, 11, IS, and 21, with their enclo- 
sures, have been duly received, as has been that of March 12, to the 
President. According to the request in this last, I now acknowledge, 
also, or perhaps repeat the acknowledgment, of the two papers enclosed, 
the one in your letter of February 26, the other in that of August 10, 
1802. 

The assurances given by the Chief Consul, on the subject of our 
claims, can not but be acceptable, although they amount to less than 
justice; because no more than justice would have been done if the 
claims had been satisfied without the delay which has intervened, and 
according to the example of good faith and punctuality in executing 
the treaty given by the United States. It is to be hoped that the 
sincerity of these assurances will be verified by the success of the 
measures you are taking for a final and favoral)le settlement in behalf 
of our citizens, who have never doubted, as far as I know, your solici- 
tude or your exertions to obtain justice for them. 

The assurances given, at the same time, by the Chief Consul, of his 
regard for the United States, and of his personal esteem for their 
Chief Magistrate, are entitled also to favorable attention, as an indi- 
cation that a juster value begins to be placed on our friendly relations 
to the French Republic. Whether this language of the French 
Government be the efl'ect of the political crisis in which it finds itself. 



202 PURCHASE OF THE TERRITORY OF LOUISIANA, 

or of a growing- conviction of the important destinies and honorable 
policy of the United States, or, as is probable, of both these consider- 
ations, you will, in return, communicate the assurances, with which 
you are charged b}^ the President, of his disposition to cherish a reci- 
procity of these sentiments, and that sincere amity between the two 
nations, which is prescribed to both bj^ such weighty advantages. 

The persevering evasion of your demands on the subject of the 
deposit at New Orleans, and generally of the rights of the United 
States, as fixed by their treaty with Spain, is not a little astonishing. 
It is as difficult to be reconciled with the sincerity of the late profes- 
sions of the French Government, and with the policy which the 
moment dictates to it, as with any other rational motives. It is the 
more extraordinary, too, as it appears, by a late communication from 
the Spanish Government to Mr. Pinckne}^ (of which, he says, he for- 
warded a copy to Paris, and of which another is herewith inclosed,) 
that the treaty of cession expressly saves all rights previously stipu- 
lated to other nations. A conduct so inexplicable is little fitted to 
inspire confidence, or to strengthen friendship; and rendered proper 
the peremptory declaration contained in your note of the 16th of 
March. The negotiations succeeding the arrival of Mr. Monroe can 
not fail to draw out the views of France on this important subject. 

You were informed, in my letters of the 18th and 20th of April, that 
orders had been transmitted by the Spanish Government for restoring 
the deposit. The answers from New Orleans to the Spanish and French 
Ministers here show that their successive interpositions, including the 
peremptor}' one from the Marquis d'Yrujo, of the 11th of March, were 
all unavailing. The orders of the King of Spain will, no doubt, be 
obeyed, if they arrive before possession be given to the French author- 
ity; nor is it presumable that, in that event, they would be disregarded. 
Still it is possible that the French agents may choose to wait for the 
French construction of the treaty before they relinquish the ground 
taken by the Intendant; and the more possible, as the orders to the 
Intendant may contain no disavowal of his construction of it. ITnder 
these circumstances, it will be incumbent on the French Government 
to hasten the orders necessary to guard against a prolongation of the 
evil, and the very serious consequences incident to it. It can not be 
too much pressed, that the justice and friendship of France, in relation 
to our rights and interests on the Mississippi, will be the principal 
rules ])y which we shall measure her views respecting the Ihiited States, 
and by^which the United States will shape the course of their future 
policy toward her. 

We are still ignorant of the result of the armed negotiations between 
Great Britain and France. Should it be war, or should the uncer- 
tainty of the I'esult be spun out, the crisis may be favorable to our 
just rights and our just objects; and the President assures himself that 



PUECHASE OF THE TERRITOEY OF LOUISIANA. 203 

the proper use will be made of it. Mr, Monroe's arrival has not j^et 
been mentioned in any accounts which have not been contradicted. 
1 have the honor to be, &c. 

James Madison. 
Robert R. Livingston, Esq. 



Mr. Monroe to the Virginia Senators. 

Paris, May 26, 1803. 
Gentlemen, — We have as you will find concluded a treatj^ & two 
conventions with this Government for the cession of the whole of 
Louisiana. I flatter myself that the terms will be thought reasonable 
when compared with the immense advantages resulting from acquisi- 
tion. The subject however will be before 3'OU, & it belongs to the 
suitable authorities to decide whether we have acquitted ourselves with 
propriety in the trust I'eposed in us. 1 consider this transaction as 
resulting from the wise & firm tho' moderate measures of the Executive 
and Congress during the last session. Without these measures we 
should not have acquired Louisiana. The pressure of the crisis here, 
but an approaching rupture with England, assisted in producing the 
result, but had our country not formed a character, or rather a prom- 
inent feature in the transactions of the da}', it would not have taken 
place. Nor could it have succeeded so promptlj- or advantageoush', 
by taking any other attitude than that which was taken. Had we 
broken the pacific relations subsisting between these countries & the 
United States, or indeed had not a respect for this Government, and 
a desire to preserve peace with it, been clearly marked in our meas- 
ures 1 do not think that we should have brought it to the issue we 
have. It is proper that you should possess a correct knowledge of 
the facts here which led to this result. 1 arrived at Havre on the 
8**" of April, which fact was known here on the 9*'\ On the 10*'' 
this Government resolved to offer us by sale the whole of Louisiana, 
at a certain price, which was diminished by the negotiation. On 
the 12. 1 arrived in town, on the Hr**" was received b}' the minister, 
recognized by him, b}' order of the First Consul & informed that 
altho I might not be presented to the Consul till the audience day^ 
according to usage, that a person would be appointed to treat with 
us with whom we might proceed in the interim. This was accord- 
ingly done, Mr. Marbois was appointed, the negotiations immediately 
commenced, & brought to as speed}^ a conclusion as possible. The 
decision to offer us the territoiy by sale was not the effect of any 
management of mine, for it took place before I reached Paris; nor of 
my colleague or it would have taken place sooner: Being postponed 
until mv arrival in France or indeed till the mission was known, is a 



204 PURCHASE OF THE TERRITORY OF LOUISIANA. 

full proof that it was the result of the causes above mentioned & of 
those onl}'. I enclose you a copy of a letter from Mr. Living-stoii 
bearing- date on the 10"' of April, in answer to one from mo of the 8"' 
announcing- my arrival, which establishes the above facts. I com- 
municate this letter to you as a measure of precaution, that 3'ou may 
not only know that the above facts exist but the nature of the evidence 
which supports them. Had the measures of our government, of which 
my mission was only a subaltern part, failed, whether the failure 
might be atributed to their impolicy, or to such a delay on ni}' part as 
suffered the crisis with England to pass, all the responsibility would 
have been on the government & myself. It is equally just in refer- 
ence to the result that facts should be correct!}' known to guard against 
misrepresentation. Personally I pretend to nothing- but zeal & indus- 
try after I got here, a merit which is equally due to my colleague. If 
my mission produced any effect it was owing altogether to the motive 
which induced the President to nominate me, that is, the pronounced 
character which I had in reference to the object in question, & the 
belief that I would bring the affair promptly to an issue. It is to be 
presumed that the transaction will rest on its true ground in the United 
States, but as the contrary may be the case & it is impossible to foresee 
what misrepresentations may be given of it, or the ends that may be 
intended to subserve, I think it not only justiliable but a duty to make 
to you this communication. You will consider the letter itself as 
strictly confidential since altho' it is proper to comnumicate it to a few 
from whom it is my custom to withhold nothing, yet it would be other- 
wise if it should go further, for reasons that will readily occur. It is 
proper to add that I expect no misrepresentation from my colleague 
& that I am happy to have it in my power to bear testimony in the 
most explicit manner in favor of his zealous, sincere & diligent 
co-operation thro' the whole of this ])usiness. 



"Mr. Madison to Messrs. Livingston and Monroe. 

Department of State, May 2S, 1803. 
Gentlemen: Since my last, which was of April 18, the tenor of 
information fron] France and Great Britain renders a war between 
these Powers in the highest degree probable. It may 1)0 inferred, at 
the same time, from the information given by Mr. Livingston and Mr. 
King, that the importance of the United States is rising fast in the 
estimation both of the French and the British Cabinets; and that Louisi- 
ana is as much a subject of solicitude with the latter, as it has been an 
object of acquisition with the former. The crisis presented by this 
jealous and hostile attitude of those rival Powers has, doubtless, been 
seen in its bearings on the arrangements contemplated in your connuis- 



PURCHASE OF THE TERRITORY OF LOUISIANA. 205 

sion.s and instructions; and it is hoped, though we have not yet heard, 
that the arrival of Mr. Monroe will have taken place in time to give 
full advantage to the means of turning the actual state of things to the 
just benefit of the United States. 

The solicitude of England with respect to Louisiana is sufficiently 
evinced b}^ her controlling the French expedition from Holland to that 
country. But her views have been particularly unfolded to Mr. King 
b}' Mr. Addington, who frankl}' told him, that, in case a war should 
happen, it would, perhaps, be one of their first steps to occupy New 
Orleans; adding, that it would not be to keep it, for that England 
would not accept the country were all agreed to give it to her, but to 
prevent another Power from obtaining it, which, in his opinion, Avould 
be best effected by its belonging to the United States; and concluding 
with assurances that nothing should be done injurious to their inter- 
ests. If the councils of France should be guided t)y half the wisdom 
which is here displayed on the part of her rival, your negotiations will 
be made very easy, and the result of them very satisfactory. 

Although the immediate object of (xreat Britain in occupying New 
Orleans may be that of excluding France, and although her prudence 
may renounce the falacious advantage of retaining it for herself, it is 
not to be presumed that she will yield it to the United States without 
endeavoring to make it the ground of some arrangement that will 
directly or indirectly draw them into her war, or of some important 
concessions in favor of her commerce, at the expense of our own. 
This consideration necessarily connects itself with the explanation and 
friendly assurances of Mr. Addington, and so far leaves in force the 
inducement to accomplish our object by an immediate bargain with 
France. 

In forming this bargain, however, the prospect held out by the 
British Minister, with the nature of the crisis itself,' authorizes us to 
expect better terms than your original instructions allow. 

The President thinks it will be ineligible, under such circumstances, 
that any convention whatever on the subject should be entered into, 
that will not secure to the United States the jurisdiction of a reasonable 
district on some convenient part of the bank of the Mississippi. 

He is made the more anxious, also, by the manner in which the 
British Government has opened itself to our Minister, as well as by 
other considerations, that as little concession as possible should be 
made in the terms with France, on points disagreeable to Great Britain, 
and particularly that the acknowledgement of the right of France as 
holding one shore of the Mississippi, to shut it against British vessels, 
should be avoided, if not essential to the attainment of the great objects 
we have in view, on terms otherwise highly expedient. It is desirable 
that such an acknowledgement should not even be admitted into the 
discussion. 



206 PURCHASE OF THE TERRITORY OF LOUISIANA. 

The guaranty of the country beyond the Mississippi is another con- 
dition which it will be well to av^oid if possible, not only for the 
reasons you already possess, but because it seems not improbable, from 
the communications of Mr. King, that Great Britain is meditating 
plans for the emancipation and independence of the whole of the 
American continent south of the United States, and consequently, that 
such a guaranty would not only be disagreeable to her but embarrass- 
ing to the United States. Should war, indeed, precede 3'our conven- 
tional arrangements with France, the guaranty, if admitted at all, 
must necessarily be suspended and limited in such a manner as to be 
applicable only to the state of things which nia}^ be fixed by a peace. 

The proposed occupancy of New Orleans by Great Britain suggests 
a further precaution. Should possession be taken by her, and the pre- 
liminar}^ sum of tw^o millions, or an}^ part of it, be paid to France, 
risks and disputes might ensue, which make it advisable to postpone 
the payment till possession shall be givea to the United States, or, if 
this can not be done, to obtain every possible security against eventual 
loss. 

As the (Question may arise, how far, in a state of war, one of the 
parties can, of right, convey territory to a neutral Power, and therel)y 
deprive its enemy of the chance of conquest incident to war, especially 
when the conquest may have been actually projected, it is thought 
proper to observe to you, first. That, in the present case, the project 
of peaceable acquisition by the United States originated prior to the 
war, and consequently, before a project of conquest could have existed; 
second, That the right of a neutral to procure for itself, by a honafide 
transaction, property of any sort, from a belligerent Power, ought not 
to be frustrated by the chance that a rightful conquest thereof might 
thereby be precluded. A contrary doctrine would sacrifice the just 
interests of peace to the unreasonable pretensions of war, and the 
positive rights of one nation to the possible rig-hts of another. A 
restraint on the alienation of territory from a nation at war to a nation 
at peace is imposed only in cases where the proceeding might have a 
collusive reference to the existence of the war, and might be calcu- 
lated to save the property from danger, by placing it in a secret trust, 
to be reconveyed on the return of peace. No objection of this sort 
can be made to the acquisitions we have in view. The measures on 
this subject were taken before the existence or the appearance of war, 
and the}^ will be pursued as the^'^ were planned, with the hmajide pur- 
pose of vesting the acquisition forever in the United States. 

With these observations you will be left to do the best 3^ou can 
under all circumstances, for the interest of your country, keej^ing in 
mind that the rights we assert are clear; that the objects we pursue 
are just; and that you will be warranted in providing for both, by 
taking every fair advantage of emergencies. 



PURCHASE OF THE TERRITORY OF LOUISIANA. 207 

For the course of information relating" to the deposit at New Orleans, 
I refer you to my letter of the 25th instant to Mr. Livingston. 
I have the honor to be, &c., 

James Madison. 



The Minister of Exterior Relations to Mr. Livingston. 

Paris, 11th Prairial, an 11 {May 30, 1803). 

Sir: The declaration published the lYth of May by the English Gov- 
ernment; the embai'go laid in the ports of England on the commerce 
of the French, and of the Batavians, and of other allies of the Repub- 
lic; the letters of marque distributed to privateers, authorizing them 
to cruise against the commerce of France; the capture, in tine, of two 
vessels, made some leagues from Brest, by two English frigates; 
permit a doubt to exist no longer concerning the intention of the 
Government of Great Britain. 

The First Consid is persuaded that nothing can be wanting to con- 
vince all the Governments of Europe of the hostile dispositions of 
His Britannic Majesty. To manifest his own, it is only this day he 
publishes the resolution which honor extorts, to repulse an unjust 
aggression. 

In informing your Government of this determination, you will hnd 
it, I have no doubt, already apprized of the justice of our claims by 
the publication, made in France, of the papers which this discussion 
has elicited. 

The history of diplomatic relations has never presented, on the one 
side, moi'e constant efforts to preserve peace; and, on the other, a 
more persevering desire, by any means and every pretext, to rekindle 
the war. 

The English Government, even in the publication which has been 
ordered for the purpose of defending her conduct, has onl}^ made her 
injustice the more apparent. The declaration of war is in palpable 
contradiction of the official correspondence which follows it. This 
declaration assigns as a motive for the war, demands of which the 
French Government has been always ignorant, and complaints of 
which it was only apprized by the hostilities and Manifesto of England. 

I have the honor to transmit to you an exact copy of one of the let- 
ters of Lord Whitworth, the original of which has been communicated 
to your Excellency. This note contains a false allegation, which it has 
thought proper to expunge from the copy submitted to the British 
Parliament. By comparing this falsified copy with the original text, 
your Excellency will be convinced that the British Ministry could find 
no other means to escape the condemnation of Europe than that of 
concealing an official untruth under a Parliamentary imposture. 

The First Consul flatters himself with the belief that the Govern- 



208 PURCHASE OF THE TERRITORY OF LOUISIANA. 

raents of Europe will not hesitate to pronounce that France has been 
uniformly loyal in a just cause; and that amidst the unjust pretensions 
of England, she has inv'oluntarily imposed upon herself the necessity 
of adopting measures destitute of propriety, and making declarations 
in violation of good faith. 

Accept, sir, the assurances of my high consideration. 

Cii. Mau. Talleyrand. 



Mr. Livingston to the Minister of Exterior Relations. 

Paris, June "2, 1803. 

Sir: 1 have received the letter you did me the honor to write on the 
11th Prairial, announcing the measures that have unfortunately led to 
a rupture between France and Britain. I shall transmit the same, 
together with the papers that accompany it, to the Government of the 
United States, who will doubtless learn with much pain the circum- 
stances that have rekindled the flame of war in Europe; and while the}' 
sincerely regret that the measures pursued by the First Consul for the 
preservation of the peace which Europe owes to his humanity have 
failed of success, they will still hope that some expedient may be found 
for stopping the effusion of blood and restoring that repose to Europe 
for which she so ardently sighs. 

I pray your Excellency to accept the assurances of my high consid- 
eration. 

R. R. Livingston. 



[Extract.] 

Mr. Livingston to Mr. Madison. 

Paris, June 3, 1803. 

Sir: Mr. Monroe having undertaken to write our joint letter, I shall 
contine this to objects that do not relate to the treaty. I would only 
observe to you that, since the ratification, we have had a great deal of 
trouble with it, an opinion prevailing that we have made too favoraljle 
a bargain. My letter to the President and our joint letter will so fully 
explain this extraordinary business as to make any further observa- 
tions unnecessary. I must, however, earnestly press you, if 3'ou 
think the object important, to get the ratification as soon as possible, 
and to do all that on our part remains to be done. 

During this transaction, I have thought it improper to press any 
other business that might excite the smallest irritation. 

How happy, my dear sir, are we to have concluded a treaty which 
will forever exclude us from the politics of this stormy quarter of the 



PURCHASE OF THE TERRITORY OF LOUISIANA. 209 

globe, I hope that 3^011 will not let it totally pass through your hands. 
My letter to the President will fully explain this. Some connnercial 
arrangements might he advantageously proposed here in the present 
state of things, had I your instructions thereon and the necessary 
powers. This, too, is the moment to arrange the affair of extra duty 
with Batavia; and it might, I l)elieve, be done here advantageously. 

General Bernadotte, after waiting for weeks at Rochefort, has 
returned here, and I think it probable will not go out now, as his serv- 
ices may be required at home. Who will be appointed in his place I 
know not. Otto is still without office, but does not wish to be sent 
across the Atlantic. 

lam, &c., R. R. Livingston. 

Hon. James Madison. 



Messrs. Livingston and Monroe to Mr. Madison. 

Paris, June 7, 1803. 
Sir: We had the pleasure to forward to you by Mr. Jay, the ratifi- 
cation by the First Consul of the treaty and conventions which we 
concluded on the 30th of April with this Republic. We have hereto- 
fore forwarded to you the original instruments, and two copies by 
different ways, the original by Havre, under the care of Mr. Hughes, 
who sailed about two weeks since, expressly charged with that object, and 
instructed to proceed with the greatest possible despatch after his 
arrival in the United States, to the City of Washington, to deliver the 
same in person; the second by the way of England, under the care of 
Mr. Reed, son of the late President of Pennsylvania, who was instructed 
to forward it immediately on his arrival in England, b}'^ the most 
prompt and safe opportunity that offered; the third by Mr. Derieux, 
who sailed from Bordeaux. We flatter ourselves that j^ou will receive 
those several communications in the course of the present month, and 
this by Mr. Jay early in July, as it is highly important that our Gov- 
ernment should receive and act on the subject of them as soon as pos- 
sible. The command of the sum stipulated for the cession to be paid 
to this Government being an object with them, is a motive for des- 
patch, but it is not the only one: a late occurrence, which is suggested 
by the enclosed letter from M. Marbois, and our reply to it, has 
excited an anxiety on that point, which it was hoped and believed 
would not have grown out of the transaction. Several circumstances 
of late, especially the delay in granting us a passport for Mr. Jay to 
carry the ratifications to the United States, surprised us. We thought 
we could discern some symptoms of discontent in the Government 
with the bargain it had made. The letter from M. Marbois left no 
doubt on that head. We are convinced that if the transaction was not 
H. Doc. 431 U 



210 PURCHASE OF THE TERRITUKY OF LOUISIANA. 

complete, or was within the reach of the Governiiient, that it would 
not take place even on terms very diflerent from those stipulated. 
There is much reason to believe that this letter was not written solely 
for the purpose of manifesting a sentiment of regret at what had been 
done, but to create difficulties and emlmrrass the transaction in the 
execution of it. 

On receiving- this letter, we found ourselves placed in a situation of 
peculiar embarrassment, from personal as well as public considera- 
tions, which was much increased by a conference with the Minister of 
Foreign Afl'airs. We learned from him that the Consul considered the 
ratiiication as under his control till the exchange took place, and that 
he might annex to it such conditions as appeared to him to be proper; 
that he claimed ever}' act stipulated on the part of the United States, 
to be performed strictl}' within the terms specified, or, on failure, that 
the parties be restored to the state they were in if the treaties were 
never made. We asked him what had created an}- doubt on that point: 
he said that the clause in the article of the convention respecting the 
payment of sixty millions of francs to France, which was made 
dependent on the deliver}' of possession of the countr}' to our Com- 
missary, might, by accident or other causes, become nugatory; the 
Spaniards might not surrender it at once, the British nnght take it, 
&c. We told him that these things were contemplated by the parties 
when the treaties were made, and provided for; that we could not add 
a new article to the treat}^ or explain an}' one in it, since it must be 
explained by itself only; that delays which proceeded from bad faith 
were those only for which our Government was responsible; that such 
as were unavoidable attached to them no blame, and could not afi'ect 
the treaty: he replied that, after the example of our Government 
in the last treaty, the Consul might nevertheless annex a condition 
to the ratification explanatory of his sense of it, which he would 
do if we did not satisfy him either with respect to the pi'ompt manner 
in which the treaty would l>e executed 1)}' our Government, or agree 
to expunge the terms in that convention which respected taking posses- 
sion of the territory. We did not fail to remark that the treaty nmst 
stand as it was to be adopted, rejected, or modified, by the parties 
having the right to do the same, not by us. Thus the aft'air was at a 
stand for a day or two, and it remained for us to decide what coarse 
we had better take to put it in motion. 

After viewing it in all the lights in which it presented itself to our 
minds, we thought it best to reply to M. Marbois's letter in the terms 
of that which is enclosed, which you will perceive, even had we had 
the power to modify the instruments which were passed and beyond 
our reach, has in truth not affected them at all: the principles applied 
or insisted on in M. Marbois's letter are not admitted. We state that 
the Government is bound to execute the treaty and conventions in the 



PURCHASE OF THE TERRITORY OF LOUISIANA. 211 

teriiLs specified, which is no more than those instruments state, that 
our Government is answerable for neglect, and b}^ strong and obvious 
implications for it only, which is the doctrine of the law of nations; 
and even in that case, that the right which arises from it of declaring 
how far the party injured will be bound by the treaty, is reciprocal, 
since, if our Government is willing to make compensation for the 
injury resulting from delay, it may equall}^ insist on it. The remain- 
ing sentence in the letter states that we confine ourselves to the letter 
of the treaty, bv which it is intended to exclude the construction of 
either party as the rule of interpretation for the other: this letter 
was accepted as satisfactory, and will, we presume, remove every dif- 
ficulty to the execution of the treaty. We expect the order for the 
surrender of the country to be addressed to M. Pichon, in Washington, 
to be executed by him or by some person to be appointed by him, 
will be delivered to us to-morrow, and that Mr. Jay will take it with 
him with the ratification the day after to-morrow: had we pursued 
any other course, it is not eas^^ to decide what the effect might have 
been. The First Consul in the moment of chagrin at what he niaj^ 
consider a bad bargain, (but which we think a good one for him, since 
he had better have given it away than held it with the expense attend- 
ing the establishment by troops, which might occasion variance and 
wars with us,) might have so compromitted himself in opposition to the 
measure, as to have made the transaction, if not finally defeat the 
treaties, a cause of future discontent between the two nations, instead 
of what was contemplated by it, the establishment of perpetual peace, 
by the removal of every existing cause of variance which could possi- 
bly disturb it. The most favorable result that we could have expected 
was, that the ratification would have been forwarded to M. Pichon, with 
advice of the dissatisfaction of the First Consul with the treaties, and 
his desire to extricate himself from them, and with instructions not to 
exchange the ratifications, if an}^ circumstance on our part, under the 
most rigid construction, would justif}" it. It is possible this ma}^ be 
still done: nevertheless, we think it important to put the engagements 
in a train of execution, without exciting ill-temper, in the belief that 
every stipulation may be executed in time, and that should the con- 
trary occur by an}^ accident or misfortune, it was the surest mode to 
prevent discussion and disagreement in the sequel. 

It is our earnest wish and advice, if the treaties are approved by the 
President, that he convene Congress to provide the funds for an 
immediate compliance with them. It is best to leave nothing to hazard. 
The surrender of the posts ought to precede the creation of the fund; 
but as there will be no doubt on that point after taking the necessary 
measures, we would consider it as done, and act accordingly. If we 
execute our part strictly within the terms specified, the transaction is 
at an end; there will be no obstacle from this quarter. 



212 PUKCHASE OF THE TERKITORY OF LOUISIANA. 

Wo shall send you a copy of Mr. Baring-'s contract for the stock 
with this Government, which will show in what manner the paj-ment 
is to )>e made. A third of the whole deV)t is to ])o advanced to him in 
Washington; the remaining- tAVO-thirds to be sent here immediately. 
It was contended lately that these two-thirds must l)e received here in 
three months after the exchange of ratifications, l)ut that seems to be 
given up at present, since the term transfer being technical, and appli- 
cable to an act to be performed in our Treasury, and nowhere alse, it is 
admitted that it must have been used by us in that sense only. Still 
it is much to be wished that the certificates might be sent here within 
the three months, if possible, and which is presumed may be done if 
the Congress is immediately convened. 

After the funds are created and transferred in ourTreasur}', it is, by 
ihv s[)irit of the treat}', the dut}^ of the French Minister to forw^ard 
them here. But it is much to be desired that our Government would 
undertake that service, and forward th(Mn b}^ a public vessel, to guard 
against accidents which might create delay. Should it happen, unfor- 
tunatel}', that the ratification or creation of the public stock should ])e 
protracted beyond the term specified, we think the cause should be 
made known by a public vessel, with the assurance of the President 
that everj^ injury resulting from it should be repaired, and ample com- 
pensation made for it. We can not too stronglv impress an idea, if 
our conduct is approved, of the most prompt execution of the stipula- 
tions to be formed on our part, and of a course of proceeding which 
leaves nothing to chance, l)y giving' an}^ cause of complaint to this 
Government. 

We are happy to have it in our power to assure you, that, on a thor- 
ough examination of the subject, we consider it incontrovertible that 
West Florida is comprised in the cession of Louisiana. West Florida 
was a part of Louisiana when it was in the hands of France, and it was 
not in her hands in au}^ other situation. The transfer of the whole 
was on the same day, the 3d of November, 1762, that being the da}' 
of the secret convention between France and Spain, and of the pre- 
liminary articles of the Treaty of the 10th February, 1763, between 
those Powers and Great Britain. The Treaty of 1783 between Britain 
and Spain, l)y which the Floridas were ceded to the latter, put Loui- 
siana in her hands in the same state it was in the hands of France; and 
the remaining or third member of the article in the Treaty of St. 
Ildefonso between France and Spain, under which we claim, by 
referring to that of 1783, (as to that l)etween Spain and the United 
States of 1795,) and of course in the above character, only tends to con- 
firm this doctrine. We consider ourselves so strongl}- founded in 
this conclusion, that Ave are of opinion the United States should acton 
it in all the measures relative to I^ouisiana, in the same manner as if 
West Florida was comprised within the island of New Orleans; or, lay 



PURCHASE OF THE TERRITORY OF LOUISIANA. 213 

to the west of the river Iberville, and to the Lakes through which its 
waters pass to the ocean. Hence the acquisition becomes of propor- 
tionably greater value to the United States. 

In compliance with the convention, which provides for the payment 
of the debts due liy France to the citizens of the United States, we 
have organized a board of three Commissioners, whose duty it is to 
revise the claims that are or may be liquidated b}^ the suitable depart- 
ment of the French Government, according to the principles of that 
convention. We have appointed to this office Col. John Mercer, Isaac 
C. Barnet, and William McClure, three of our citizens, who are not 
interested in any of the claims; and who, for ability, probity, and 
industry, we think v^ery deserving of the trust. Their appointment 
is, of course, provisional only, subject to the appro])ation of the Presi- 
dent, whose disposition on the subject you will be pleased to com- 
nuuiicate. A^'e shall advance them a sum, bj' a draft on our liankers 
in Holland, necessary for defraying their current expenses; leaving it 
to our Government to fix the rate of compensation. 

We consider it important that the stock to be created should not be 
brought on the American market, nor, indeed, strictly speaking, on 
the European market; lest it might occasion a decline in the price, to 
the injurj^ of our credit, and the injury of the holders of it here and 
there, as well as of France, with whom we have a joint interest in that 
respect. On that principle we promoted the disposal of it to the com- 
pany of Baring and Hope, which took placc^ according to a contract 
which is here enclosed. We consider the arrangement as accomplish- 
ing the object referred to, and, in that light, as being advantageous to 
the United States. We were not competent judges of the price at 
which the stock ought to have sold, on which account, as well as that 
that was a question which belonged more peculiarly to the Govern- 
ment of France to attend to, we did not interfere further in the trans- 
action than to communicate to the latter the best information that we 
possessed. We believe the contract is such as, while it gives to the 
compan}^ an adequate profit, and may prevent sales by compulsion, 
will prove more beneficial to France than any other disposition she 
could have made of it. It is a justice due to this house to remark, 
that the assurances which we received from it through its agent 
here, of the advances of money on the credit of the United States, in 
case we should require them in the execution of the trust reposed in 
us, inspired us with greater confidence than we might otherwise have 
felt, to make the engagements we have entered into. 

We are, with great respect and esteem, your most obedient 
servants, 

R. R. Livingston. 
James Monroe. 

P. S. — Since writing the above, this Government has, of its own 
accord, restored our letter and retaken its own. It has also shown to 



214 PURCHASE OF THE TERRITORY OF LOUISIANA, 

us the instructions g-iven to M. Pichon, which is sulistituted for the 
other measure, and amounts to this: that, on exchanging' the ratifica- 
tions, he is to declare that they are void if the funds, &c., are not 
created by our Government in the term stipulated. It is possible that 
this Government is fearful that the British may take the territor}', and 
we, in consequence, delay the payment; though we rather think that 
the hesitation and procedure arose from some sentiment relative to the 
contract. It is known that the Consul has said lately, that he thought 
the territoiy worth three or four hundred millions of livres. The 
above change is the effect of further reflection on the subject. It will 
be well that some of these circumstances be known, and that nothing 
appear under the sanction of the Government or otherwise, if to be 
avoided, to excite an unpleasant sensation here: since a belief they 
stand well with us, which is their political motive in the transaction, 
will contribute greatly to reconcile the Government and nation to the 
cession, and promote its harmonious execution. 

We have thought it advisa]:»le to employ Mr. Jay to bear the ratifi- 
cations of the First Consul to our Government; to whom we have 
advanced fifty louis, and undertaken that his expenses shall he borne. 
The above sum to that object are credited in his account. The ratifi- 
cations are addressed to M. Pichon, as is the order for the surrender 

of the territory. The whole, however, is under our to be 

delivered V)y Mr. Jay to 3'ou, and by you handed over to M. Pichon. 
The exchange of ratifications in the United States has been ver}' 
favorable to us. 

R. R. Livingston. 
James Monroe. 



M. Marbois, Minister of the Public Treasury, to Messrs. Livingston and 

Monroe. 

Paris, 20tk Floreal, 11th year {9th April, 1803.) 
Gentlemen: The article of the convention relative to the payment 
which the United States have to make to France, in three months at 
most after the ratification of the treaties, and after the taking posses- 
sion of Louisiana in the name of the United States, determines, in a 
precise manner, the longest terms agreed upon for the consummation 
of this affair. They are three months after the ratification and the 
taking of possession. It is proper to foresee, also, the case in which 
this business shall not be consummated within the interval above 
expressed, and as they are precise, it is well understood that every 
extraordinary dela}"^ beyond the terms fixed places the contracting 
parties in the same situation as if they had never treated. These con- 
sequences of the stipulations agreed upon are just and necessary. It 
has, nevertheless, appeared useful to recall them to view, in consider- 



PITHCHASE OF THE TERRITORY OF LOUISIANA. 215 

ation of tlie great distance which separates the parties who contract, 
and that no dou])t may bo raised upon this subject. I have, neverthe- 
less, gentlemen, a sure guarantee that delays will be abridged, as far 
as circumstances will permit, in the good faith which has presided in 
this negotiation during its whole continuance; and 1 know ])y my own 
and old experience, that it will be consummated by the (xovernment of 
the United States according to these same principles. 

I praj^j^ou to accept the assurance of my distinguished consideration. 

Barbe Marbois. 



Messrs. Livingston and Monroe to M. Marbois, Minister of the Public 

Treasury. 

Paris, June 2, 1803, 
Sir: We have received the letter with which you have honored us, 
dated the 2(>th Floreal. Without entering into the principles it lays 
down, we are ready to admit, in order to remove, as far as depends on 
us, all difficulties, that it is the duty of the Government of the United 
States to carry into efi'ect the provisions of the treaty and conventions 
in the times therein specified; and that any neglect on their part so to 
do, puts it in the power of the Government of France to declare how 
far it will, or will not, be bound thereb}^, or entitle it to a compensa- 
tion for the damage it ma}^ sustain. We will observe, sir, that in 
making these concessions, we mean to confine ourselves to the letter 
of the treaty. 

With the highest respect, &c., R. R, Livingston, 

Jamks Monroe. 



Mr. Monroe to the Secretary of State. 

Paris, Sth nf June 1803. 
Sir, — Since my letter of yesterda}' I have had an interesting com- 
munication with the Minister of foreign aifairs. Our letter had been 
restored to M"". Livingston by ]Vr'. Marbois in a casual interview who 
also shewed him the order to M"". Pinchon, which Avas substituted for 
it. To see that order and receive one to him for the surrender of the 
country to the United States, I called yesterday evening by appoint- 
ment on the Minister, where I found M"". Marbois also. The}^ had 
expected M"'. Livingston and myself together, but on my observing 
that we had not so understood it, he having already seen the paper. The 
Minister read the order to me and asked how I liked it, 1 replied that 
it was not for us to say, it l)eing the act of his government only, but 
says he, comparatively which do you prefer, this mode or the other? 
I replied this without doubt. He said it was on the idea it would be 
more agreeable to us and our government that it was adopted, since 
suppressing our letter it became, as it ought to be, entirely the act of 



210 PURCHASE OF THE TERRITORY OF LOUISIANA. 

(the) g-overnment and in his opinion strictl}^ a justitiable one, the Con- 
sul having a right to annex a condition to the ratification in the spirit 
of the treaty at any time l)efore the exchange. L told him that having 
discussed the subject already I had only to repeat that I preferred 
much this mode to the other. He added that he hoped no difficulty 
would take place hereafter; that we had sufficient time to perform what 
we had stipulated, and that he sincerely wished we might do it in due 
time, as his government had much at heart the future harmony of the 
two nations. I replied that similar sentiments animated the govern- 
ment of the United States; that I was persuaded the treaty would be 
ratified; that even before the creation of the stock I was confident that 
the President far from dela^nng the payment of what was stipulated, 
would if (in) his power after the ratification promote aid which might 
be useful to them in the United States to evince his desire of a prompt 
execution of the treaty; that on our part and on our own responsibility 
if it was desired we would prevail on the house of Baring and Hope to 
advance the first payment, that is six millions of livres, before we heard 
from our government, in confidence that our conduct would be approved. 
I told him I thought ni}^ colleague would unite in this sentiment. He 
expressed himself highly gratified with the communication, which he 
considered as a strong proof of the friendship of the government of 
the United States for the nation and government of France. (He) 
declared that as it was made after everything was concluded it was the 
more honorable to us, and would alfect in a greater degree the sensi- 
bility of the First Consul, to whom he would make it known, tho'' he 
knew that he would accept nothing but as it became due in strict con- 
formity to the treaty. 1 should deem it fortunate for the United 
States if tho payment was made as being an act of liberality on our 
part, and in the degree a prompt execution of the treaty. It would 
bind this government more completely to the execution of it on its 
part. I am happ}^ however that the ofier was refused, since while it 
cannot fail to produce a good efiect, it avoids all responsibility on our 
part, or that of the President, tho' indeed in the paymcMit here the 
responsibilit}^ would be entirely on us. It is proper to inform you 
that the treaty and conventions bear date from the period when (every)- 
thing was agreed on, the thirtieth of April, but as it (was necessary) 
to reduce them to writing the treaty was signed on the second of May, 
and the convention concerning the claims of our citizens the ninth or 
tenth which will explain why they were not sooner despatched from 
Paris. 1 am sir with great respect & esteem 3^''. ob''. serv*. 



Mr. Monroe to the Secretary of State. 

Paris Jurw 19, LS03. 
Sir, — We have rec''. y*". com nnuii cations of the 18. and 20. of April 
& after due consideration deem it most advisable that I sho''. proceed 



PURCHASE OF THE TERRITORY OF LOUISIANA. 217 

ininiediately to England. The departure of M"". King from that 
countr}" at the commencement of a war between it & France, without 
nominating a charge des ajfahvs may expose our commercial concerns 
to much embarrassment if there is no one there soon to take charge of 
them. The arrangement however proposed b}' the President will 
probably obviate any inconvenience since the place will be occupied 
in a fortnight from this date. I am happy to have it in ni}" power to 
add that the state in which our affairs are here admits a complyance 
with this arrangement without inconvenience to any interest of a pub- 
lick nature. Since the despatch of the ratifications of the treaty &c, 
there is nothing to be done here till the question is decided b}^ our 
government, nor even then in case of ratification, as the instruments 
will be given by you to the Minister of France to be forwarded to his 
government here. It is only in case of difficulty from some cause or 
other, that the commission will have to act again in this affair, & then 
it will be in your power, if a joint agenc}" is deemed necessary to avail 
y'self of it, by suitable instructions to the members who compose it. 
In regard to Spain it is not likely that any injury can result from the 
delay which becomes inevitable by this measure. It was never a very 
clear point that I ought to pursue the object with that power, after 
what was done here, untill I heard from you. The motive which 
inclined me to it at first diminished daily hy my detention here, so 
that 3"our late instructions arrived in good time to relieve me from 
further suspense. My visit to England will not I think be attributed 
by this gov*, to an improper motive. It seems to have a just 
view of the policy of our government in regard to l)oth powers, 
which is to cultivate their friendship by fair & honorable means 
while it pays a scrupulous attention & maintains with firmness the 
respect which is due to our national character rights & interests. 
My position in England will not prevent my attention in due time to 
the object with Spain, if the President should l)e of opinion that it 
might be useful. I have suggested to this government the probability 
of my being instructed by him to pursue that object with that power, 
after the decision on our treaty &c. with France, in which case I 
informed the Minister that I sho**., according to the promise made to 
M'". Livingston and myself by M"". Marbois, expect the good offices of 
his government with its ally, and of which he gave me the most posi- 
tive & satisfactory assurance. On this subject as on what concerns us 
more generally I shall write you hereafter more fully. I shall only 
add at present that in the communications which have passed lietween 
this government & myself since my last, to which this incident has in 
part given the occasion, nmch has occurred to inspire me with confi- 
dence in its friendly disposition towards our gov'. & country and in a 
mode that could not otherwise than be peculiarly grateful to me. I 
am with great respect & esteem y*". most ob', servant. 



218 PURCHASE OF THE TERRITORY OF LOUISIANA. 

P. S. I have sent you two copies of the view I have taken of the 
question whether W. Florida is comprized in the cession of Louisiana, 
which I think too clear to admit of a doubt. 1 have many reasons for 
believino- that the g-ov*. of Spain entertains the same opinion on that 
point. 1 doubt not if it is taken possession of as a part of Louisiana, 
that the measure will be acquiesced in l)y that ji-ov'., or at least that it 
will not be taken ill by it, or impede an amicable and favorable adjust- 
ment relative to the territory of Spain Eastward of the Mississippi. 



Mr. Monroe to Mr. Livingston. 

(Reply to his of May 2?>.) 
Dear Sir, — I have received your letter of the 23. expressing- youi' 
idea of the extent of the acquisition ^ve have made by the late treaty 
with France, which I have read with attention. I thank you for the 
communication, as it tends to throw light on that interesting topic. 

Before however I proceed to make any remark on that subject per- 
mit me to observe that I am sorry I cannot agree with you in the last 
sentiment expressed in j^our letter, that it is not necessary to probe 
this business to the bottom nor until future circumstances should 
render it proper. Had I thought so I should not have asked of you 
3^our ideas on paper on the subject. My opinion has been from the 
moment that our treaty with France was concluded, that it was my 
first duty to ascertain correctly the extent of that acquisition, by ref- 
erence to all the authentic documents to which access could be had, & 
such other sources of information as might illustrate it. There are a 
variety of considerations which imposed this duty on me; I will how- 
ever only mention that which grows out of the transaction itself, the 
propriety of communicating to our government, such information as 
we possess & such opinion as we have formed of the extent of the 
acquisition. This consideration is much strengthened by the advice 
which you propose to give to our government to take possession of 
W. Florida as a part of Louisiana. We ought not to give such 
advice till we had probed the question to the bottom, and seen that it 
was founded in principles of Justice such as could be demonstrated to 
the impartial world, even to Spain herself. Nor can I agree with 
you that my motive for asking 5^our ideas on that sul)ject on paper, 
was because I had not leisure to examine it myself. The fact is I was 
at the time engaged in the examination of it, as I have been ever 
since, and with the greatest attention that other duties would permit, 
as indeed I think I mentioned to you at the time. My object in mak- 
ing the request was that we might examine the question separately, 
compare our ideas together and after forming our opinions, take the 
course which in reference to our respective duties might appear to be 



PURCHASE OF THE TERRITORY OF LOUISIANA. 219 

proper. I have made these olj.servations solely for the purpose of 
explaining to you the motive which induced me to make the above 
mentioned request, which I have been sorry to hnd you had misunder- 
stood. 

Having aiso examined the question with some attention and com- 
mitted my ideas to paper 1 shall have the pleasure to communicate 
them to you at our first interview. J shall only observe at present 
that we perfect!}^ agree in the opinion that Louisiana, as it was in the 
hands of France prior to the year 1763, extended to the River Perdigo, 
& that it was restored to her by Spain, in the treat}' of II Dephonso, 
precisely in the same extent: that the reservation contained in the last 
member of the article, which respects the subject, is in favor of the 
United States onh% intended to secure their rights under their treaty 
with Spain in 1795. I also think with 3'ou that the communications of 
the Spanish Minister at Madrid to Mr. Pinckne}' tend to confirm this 
doctrine. But in tracing this subject under the several treaties which 
respect it, I had a difliculty on a point which appeared to me to be of 
importance. Did France dismember the country while she was pos- 
sessed of it? it is not material to how man}' powers she granted it 
provided it was at one & the same time, that is that it did not remain 
her property in a dismembered state. At first I was led to fear that a 
strong argument might be drawn against us from this source. The 
secret treaty by which New Orleans & the Western bank of Louisiana 
was ceded to Spain bears date on the 3'''^ Nov. 1762; the order of the 
King to his governor for the surrender of it on the 21 April 1761 and 
the actual surrender did not take place till some years afterwards, 
according to one of the papers which I have seen, not till 18 Augt 1769. 
The treaty between France, Great Britain, Spain &c by which the part 
since called W. Florida was ceded to Great Britain bears date on the 10th 
Feby 1763. 1 presume that the cession of a country takes its date from 
the treaty making the cession, not from the surrender: but in the 
present case whether we date the cession referred to, under the secret 
treaty of '62, to Spain from the one or the other epoch, the efliect would 
be the same. If these were the only facts in the case, it might be said 
that there was a dismemberment of Louisiana in the hands of France. 
Happily these are not the only facts existing; by a note in one of the 
books I have obtained, it appears that the preliminary articles of the 
treaty of 1763 were actually signed on the same day with the secret 
convention above mentioned, & of course that the transfer or cession 
of the whole country by France was made on the same day. I presume 
that this note may be relied on, & verified by reference to authentic 
documents, to which access may be had. 1 communicate its contents 
with pleasure, because it seems to place beyond all controversy our 
right to West Florida under the treaty we have lately formed with 
France. 



220 PURCHASE OF THE TERRITORY OF LOUISIANA. 

[Extract.] 

Mr. Livingston to Mr. Madison. 

Paris, June M, 1803. 

Sir: I have received your letter of the with the commi.ssions, 

8^. Before this reaches you, 3^011 will have learned that they were 
unnecessary, as they respected our negotiations. You will *tind, by 
looking back to my letters, that 1 had long anticipated something of 
this kind, and I was greatly surprised when Mr. Monroe came without 
it. I, however, in all my conversations, held out the idea very strongh' 
and you will see it hinted at in my notes and in my letters to J. B. ; so 
that it doubtless has had a considerable operation in bringing this 
Government to the resolution they took, before the arrival of Mr. 
Monroe, to part with Louisiana. You will remember that in one of 
my letters I request you to set on foot a negotiation with Britain for 
ascertaining your Northwestern boundaiy, but not to come to a con- 
clusion. Indeed, as I was at that time endeavoring to excite an alarm 
here that should put ua in possession of the country above the Arkansas, 
I own I have felt very much distressed that I never found any of these 
suggestions noticed or encouraged b}" our Government. But presum- 
ing always that they ultimately would be, 1 have carefully concealed 
my want of powers, and acted as decidedly as if I had possessed them; 
and to tliis, as well as to the tirm attitude that our Government took, 
you may attribute the success of our negotiations. 1 hope that nothing 
will prevent your immediate ratification, without altering a sylla])le 
of the terms. If you wish anything changed, ratif}^ unconditionally 
and set on foot a new negotiation. Be persuaded that France is sick 
of the bargain; that Spain is much dissatisfied; and that the slightest 
pretense will lose you the treaty. Nothing has raised the reputation 
of our country in Europe so high as the conduct of our Government 
upon this occasion, both at home and abroad. In pursuance of the 
wish expressed in your letter, Mr. Monroe proceeds, in a few days, as 
your resident Minister Plenipotentiary to England; for though it was 
doubtful whether this was or was not intended to depend upon the con- 
tingency mentioned therein, yet, as 3^011 were unrepresented there, and 
the war rendered some representation necessary, we thought it most 
conformable to the President's intentions that he should go. 
I am, &c., 

K. R. Livingston. 

Hon. James Madison, 

Secretary of State. 



President Jefferson to General Gates. 

Washington, July 11^ 1803. 
Dear General, — I accept with pleasure, and with pleasure recip- 
rocate your congratulations on the acquisition of Louisiana; for it is 



PUKCHA8E OF THE TERRITORY OF LOUISIANA. 221 

a subject of mutual congratulations, as it interests ever}- man of the 
nation. The territory acquired, as it includes all the waters of the 
Missouri and Mississippi, has more than doubled the area of the 
United States, and the new parts is not inferior to the old in soil, cli- 
mate, productions and important communications. If our Legislature 
dispose of it with the wisdom we have a right to expect, the}^ may 
make it the means of tempting all our Indians on the east side of the 
Mississippi to remove to the west, and of condensing instead of scat- 
tering our population, I find our opposition is ver}^ willing to pluck 
feathers from Monroe, although not fond of sticking them into Liv- 
ingston's coat. The truth is, both have a just portion of merit; and 
were it necessary or proper, it would be shown that each has rendered 
peculiar services, and of important value. These grumblers, too, are 
very uneasy lest the administration should share some little credit for 
the acquisition, the whole of which they ascribe to the accident of 
war. They would be cruelly mortified could they see our files from 
Ma}", 1801, the first organization of the administration, but more 
especially from April, 1802. They would see, that though we could 
not say when war would arise, yet we said with energy what would 
take place when it should arise. We did not, b}^ our intrigues, pro- 
duce the war; but we availed ourselves of it when it happened. The 
other part}^ saw the case now existing, on which our representations 
were predicated, and the wisdom of timely sacrifice. But when these 
people make the war give us everything, they authorize us to ask 
what the war gave us in their da}^? They had a war; what did they 
make it bring us? Instead of making our neutrality the ground of 
gain to their country, they were for plunging into the war. And if 
they were now in place, the}" would now be at war against the atheists 
and disorganizers of France. They were for making their country 
an appendage to England. We are friendly, cordially and conscien- 
tiously friendly with England. We are not hostile to France. We 
will be rigorously just and sincerely friendly to both. I do not believe 
we shall have as much to swallow from them as our predecessors had. 



Mr. Madison to Mr. Livingston. 

Department of State, July 29^ 1803. 
Sir: Since the date of my last, which was May 24, I have received 
your several letters of April 11, 13, 17, and May 12th. As they relate 
almost Avholly to the sul)ject which was happily terminated on the 30th 
of April, a particular answer is rendered imnecessary by that event, 
and by the answer which goes by this conveyance to the joint letter 
from yourself and Mr. Monroe of the 13th of May. It will only be 
observed, first, that the difi'erence in the diplomatic titles given to 
Mr. Monroe from that given to you, and which you understood to 



222 PUKCHA8E OF THE TP:RR1T0RY OF LOUISIANA. 

have ranked him above you, was the result merely of an error in the 
clerk, who copied the document, and which escaped attention when 
they were signed. It was not the intention of the President that any 
distinction of grade should be made between you. Indeed, according 
to the authority of Vattel, the characters of Minister Plenipotentiary 
and Envoy Extraordinary are precisely of the same grade; although it 
is said that the usage in France, particularly, does not correspond with 
this idea. Secondly, that the relation of the First Consul to the Italian 
Republic received the compliment deemed sufficient in the answer to a 
note of M. Pichon, communicating the flag of that nation. A copy of 
the communication and of the answer are now enclosed. 

The boundaries of Louisiana seem to be so imperfectly understood, 
and are of so much importance, that the President wislies them to be 
investigated whenever information is likely to be obtained. You will 
be pleased to attend particularly to this ol)ject, as it relates to the 
Spanish possessions both on the west and on the east side of the Mis- 
sissippi. The proofs countenancing our claim to a part of West 
Florida uuw be of immediate use in the negotiations which are to take 
place at Madrid. Should Mr. Monroe proceed thither, as is probable, 
and any such proofs should, after his depaiture, have come to your 
knowledge, you will of course have transmitted them to him. 

You will find by our gazettes that your memorial, drawn up al)out 
a year ago on the subject of Louisiana, has found its way into public 
circulation. The passages in it which strike at Great Britain have 
undergone some comment; and will probably be conveyed to the atten- 
tion of that Government. The document appears to have been sent 
from Paris, where you will be able, no doubt, to trace the indiscretion 
to its author. 

No answer has yet been received either from 3^ou or Mr. Monroe to 
the diplomatic arrangement for London and Paris. The importance 
of shortening the interval at the former, and preventing one at the 
latter, makes us anxious on this point. As your late letters have not 
repeated your intention of returning home this fall, it is hoped that 
the interesting scenes which have since supervened may reconcile you 
to a longer stay in Europe. 

I have the honor to be, &c., 

James Madison. 



The Secretary of State to Messrs. Livingston and Monroe. 

Department of State, July 29^ 1803. 
Gentlemen: Your dispatches, including the treaty and two conven- 
tions signed with a French Plenipotentiary, on the 30th of April, were 
safely delivered on the 14th instant by Mr. Hughes, to whose care you 
had committed them. 



PURCHASE OF THE TERRITORY OF LOUISIANA. 223 

In concurring- with the disposition of the French Governnent to 
treat for the whole of Louisiana, although the western part of it was 
not embraced l)y your powers, _you were justitied by the solid reasons 
which you give for it; and I am charg"ed l)y the President to express to 
you his entire approbation for so doing. 

This approbation is in no respect precluded by the silence of j^our 
commission and instructions. When these were made out, the object 
of the most sanguine was limited to the establishment of the Missis- 
sippi as our boundary. It was not presumed, that more could be sought 
b}' the United States, either with a chance of success, or perhaps with- 
out being suspected of greedy ambition, than the island of New 
Orleans and the two Floridas; it being little doubted that the latter 
was, or would be comprehended in the cession from Spain to France, 
To the acquisition of New Orleans and the Floridas, the provision was, 
therefore, accommodated. Nor was it to be supposed that in case the 
French Government should be willing to part with more than the ter- 
ritory on our side of the Mississippi, an arrangement with Spain for 
restoring to her the territory on the other side, would not be preferred 
to a sale of it to the United- States. It might be added, that the ample 
views of the subject carried with him by Mr. Monroe, and the confi- 
dence felt that your judicious management would make the most favor- 
able occurrences, lessened the necessity of multiplying provisions for 
every turn which your negotiations might possibly take. 

The effect of such considerations was diminished by no information, 
or just presumptions whatever. The note of Mr. Livingston, in par- 
ticular, stating to the French Government the idea of ceding the Western 
country above the Arkansas, and communicated to this Department in 
his letter of the 29th Januar}", was not received here till April 5, 
more than a month after the commission and instructions had been 
forwarded. And, besides, that this project not only left with France 
the possession and jurisdiction of one bank of the Mississippi from its 
mouth to the Arkansas, but a part of West Florida, the whole of East 
Florida, and the harbors for ships of war in the Gulf of Mexico. The 
letter enclosing the note, intimated that it had been treated by the 
French Government with decided neglect. In truth, the communica- 
tions in general between Mr. Livingston and the French Government, 
both of prior and subsequent date, manifested a repugnance to our 
views of purchase, which left no expectation of any arrangement with 
France, b}^ which an extensive acquisition was to be made, unless in a 
favorable crisis, of which advantage should be taken. Such was thought 
to be the crisis which gave birth to the extraordinary commission in 
which you are joined. It consisted of the state of things produced by 
the breach of our deposit at New Orleans; the situation of the French 
islands, particularly the important island of St. Domingo; the distress 
of the French finances; the unsettled posture of Europe; the increasing 



224 PURCHASE OF THE TERRITORY OF LOUISIANA. 

jealou.s}" between Gretit Britain and France; and ttie known aversion 
of the former to see the mouth of the Mississippi in the hands of the 
latter. These considerations, it was hoped, might so far open the e3^es 
of France to her real interest, and her ears to the monitory truths 
which were conveyed to her through different channels, as to reconcile 
her to the establishment of the Mississippi a-; a natural boundary to 
the United States; or, at least, to some concessions which would justify 
our patiently waiting for a fuller accomplishment of our wishes, under 
auspicious events. The crisis relied on has derived peculiar force from 
the rapidity with which the complaints and questions between France 
and Great Britain ripened towards a rupture; and it is just ground for 
nmtual and general felicitation that it has issued under j^our zealous 
exertions in the extensiv^e acquisitions beyond the Mississippi. 

With respect to the terms on which the acquisition is made, there 
can be no doubt that the bargain will be regarded as on the whole 
highl}' advantageous. The pecuniar}^ stipulations would have been 
more satisfactory if they had departed less from the plan prescribed; 
and particularlv if the two millions of dollars in cash, intended to 
reduce the price to hasten the delivery of possession, had been so 
applied, and the assumed payments to American claimants placed on a 
footing specified in the instructions. The unexpected weight of the 
draft now to be made on the Treasury will be sensibl}^ felt b,y it, and 
may possibly be inconvenient in relation to other important objects. 

The President has issued his proclamation convening Congress on 
the ITth of October, in order that the exchange of the ratifications 
may be made within the time limited. It is obvious that the exchange, 
to be within the time, must be made here, and not at Paris; and we 

infer from 3'our letter of that the ratifications of the Chief 

Consul are to be transmitted hither with that view. 

1 only add the wish of the President to know from you the under- 
standing which prevailed in the negotiation with respect to the bound- 
aries of Louisiana; and particularly the pretensions and proofs for 
carrying it to the river Perdido, or for including any lesser portion of 
WeJt Florida. 

With high respect and consideration, &c., 

riAMES Madison. 



[Extract.] 

Mr. Livingston to Mr. Madison. 

Paris, Jaly SO, 1803. 

Sir: The house of Hope and Baring will to-morrow lodge with me the 

amount in bills of the stock they have purchased from the 'French 

Government, to be delivered b}^ me according to the terms of their 

contract. If the treaty is ratified, 1 believe that this meets with no 



PURCHASE OF THE TERRITORY OF LOUISIANA. 225 

delay. Be assured that were the business to do again it never would 
be done. They think we have obtained an immense advantage over 
them. Though the appearance of war had some influence, it had much 
less than is ascribed to it. Whenever I mentioned its falling into the 
hands of England, they admitted the possibility, but insisted that, as it 
must abide the event of the war, they had no doubt of ultimate suc- 
cess; they Avould get it back with the British impro\ements. Mr. 
Skipwith still thinks that the American debt will fall nuich within the 
twenty millions for which we have engaged, and all the fair creditors 
be fully satisfied; the supposed debt being extremely exaggerated in 
America. Other nations, creditors of France, have, at present, no 
prospect of being paid. 

I this day got a sight of a letter from the Minister to M. Laussat, con- 
taining directions for giving up the country, and assigning the reasons 
for the cession. I was much flattered to find their reasons Avholly 
drawn from the memoir I had presented; and that the order for the 
cession was full, and contained no other description of the country 
than that which had been designated in the Treaty of St. Ildefonso; so 
that I hope you have not failed to insist on West Florida. 

1 have also this day been favored with a duplicate of yours of the 
'2i>th (26th) of May. You observe that the promise I had olHained for 
] ayment was still short of justice. This may be true; but, sir, were 
^ <:>u here, or, indeed, in any Court in Europe, 3"ou would admit that 
( btaining of anything that approaches to justice, required some skill 
and much good fortune. At present, I believe, you may purchase 
millions of just debt of Denmark, Sweden, &c. , here at fift3^-seven in 
the pound, and purchase it dear enough; and I think that I ma}^, with- 
out vanity, ascribe my obtaining the promise to what are here consid- 
ered as very delicate measures; and to that promise, a ruling influence 
in procuring a treaty that I trust will be considered in America (as in 
Europe) among the most important and advantageous the United States 
ever made. 

I have the honor, &c., 

K. R. Livingston. 



Mr. Madison to Mr. Monroe. 

Washington, Ji//// 30, ISOS. 

Dear Sir, — I received 3'our favor of — by Mr. Hughes, the 

bearer of the public despatches from j^ou and Mr. Livingston. The 
purchase of Louisiana in its full extent, tho' not contemplated, is 
received with warm, and, in a manner, universal approbation. The 
uses to which it may be turned render it a truly noble acquisition. 
Under pendent management it may be made to do much good, as well 
as to prevent much evil. By lessening- the military establishment 
H. Doc. 431 15 



226 PURCHASE OF THE TERRITORY OF LOUISIANA. 

otherAvi«e requisite or countenanced, it will answer the doul)le pur- 
pose of saving expence and favoring- liberty. This is a point of view 
in which the Treaty will be particularly grateful to a most respectable 
description of our Citizens. It will be of great importance, also, to 
take the regulation and settlement of that Territory out of other hands 
into those of the U. S. , who will be able to manage both for the gen- 
eral interest and conveniency. By securing, also, the exclusive juris- 
diction of the Mississippi to the mouth, a source of much perplexity 
and collision is eft'ectually cut oft". The communications of your col- 
league hither have fully betrayed the feelings excited by your mes- 
sage, and that he was precipitating the business soon after your 
arrival, without respect to the measure of the government, to yourself, 
or to the advantage to be expected from the presence and co-operation 
of the more immediate depository of the objects and sensibilities of 
his Country. It is highly probable that if the appeal to the French 
Government had been less hackneyed by the ordinary minister, and 
been made under the solemnit}" of a joint and extraordinary embassy, 
the impression would have been greater and the gain better. 

What course will be taken by his friends here remains to })e seen. 
You will lind in the Gazettes a letter from Paris, understood to be 
from Swan, indorsing a copy of his memorial, representing it as the 
primar}' cause of the cession, praising the patriotism which undertook 
so great a service without authority, and throwing your agency out of 
any real merit, while, by good fortune, it snatched the ostensible merit. 
This letter, with the memorial, has been published in all our papers; 
some of them nraking comments favorable to Mr. Livingston, others 
doing justice to you, others ascribing the result wholly to the impend- 
ing rupture. Another letter from Paris has been published, which 
makes him Magnus Apollo. The publication of the memorial is so 
imi)roper, and in reference to the writer invites such strictures, that 
from him is not to be presumed. The passages against England 
have not escaped the lash. It would not be very wonderful if the}" 
were to be noticed formally or informall}' ])y the British legation here. 

My public letter will show the light in which the purchase of all 
Louisiana is viewed, and the manner in which it was thought proper 
to touch the policy of Mr. Livingston, in complaining that the com- 
munication did not authorize the measure, notwithstanding the infor- 
mation given that he was negociating for more than the East side of 
the Mississippi. The pecuniary arrangements are much disrelished, 
particularly by Mr. Gallatin. The irredeemability of the stock, which 
gives it value above par, the preference of the conditions to the true 
object in the cash payment, and the barring of a priority among them, 
are errors most regarded. The claims of the different creditors rest 
on principles a.s different. 



PURCHASE OF THE TERRITORY OF LOUISIANA. 227 

Mr. Monroe to the Secretary of State. 

London, July 20 1803. 

Sir, — I am too recently on this theatre to give you any information 
of the state of public affairs which 3'ou will not obtain of the gazettes 
which I shall therefore not repeat. 

It will be more useful to go l)ack to the transactions in which 1 have 
been lately engaged, and to comn.unicate some incidents which 
occurred in them with which 3'ou are not yet acquainted. The pres- 
sure of business at the time, the necessity of hastening here as soon 
as that measure was decided on, and the hope that I should enjoy more 
leisure here than I had done in France, induced me to reserve them 
for the present communication. 

You saw by my letters after the conclusion of our treaties with 
France that I had in a great measure decided to proceed to Spain, on 
the idea that by so doing I should best fulfil the ulterior object of my 
instructions. You saw likewise by the joint letter of M"". Livingston 
and myself of June 7*^ that I had been prevented pursuing that 
object, by an obstacle, the circumstances attending which were fully 
detailed in it. There occurred however another difficult}^ which you 
are 3^et to be apprized of. 

At the time when my judgment inclined in favor of that measure, I 
applied to M'. Talleyrand for the support of his Goa*. in the negotia- 
tion according to the promise made us by M"". Marbois, with which 
you are acquainted. This application was made on the 19 of May 
immediately before the discussion mentioned in the letter of the 7 
June above referred to. On the Sunday following, three or four da3's 
afterwards, I dined with the Consul Cambaceres who had been with 
the First Consul in council at S*" Cloud whence he returned late to 
dinner. He said to me soon after entering the room "you must not 
go to Spain at present." I asked his reason. He replied "it is not 
the time; you had better defer it." I revived the subject repeatedly but 
he declined going farther into it. After dinner when we were in the 
Salon, he came up to me, and on my informing him that he had given 
me much concern b}^ what he had said, he replied *• ' that it was only his 
opinion; but you will talk on the subject with the Minister of the public 
treasury," which 1 assured him that I would not fail to do. I went 
inmiediately to M''. Marbois, but had not the good fortune to find him 
at home. 

On the Tuesday following I saw the Consul le Brun, who suggested 
to me precisely the same idea which I had received from the Consul 
Cambaceres, and who I was persuaded had imbibed it at the same time 
in the Council at S' Cloud. I proposed to him the same question that 
I had done to his Colleague, and received nearly the same answer. He 
told me that we should obtain our object, but that this was not the 



228 PURCHASE OF THE TERRITORY OF LOUISIANA. 

time for it. About this time the incident mentioned in the letter of 
June 7"' occurred, which increased and continued my suspense till we 
rec'\ yours of the 18 & 20 of April which directed my route here. 

As soon as my course was marked I called on the Minister of foreign 
Affairs, and reminded him of m^^ application to him for the aid of his 
gov', in our negotiation with Spain, which as he well recollected had 
been promised. I then told him, without waiting for an answer, that 
my route was changed; that 1 had just received the order of the Presi- 
dent to proceed to England in case our affairs were amicably adjusted 
with France; that the motive for it was, a knowledge that M'". King 
was about to return home: the probability of a rupture between France 
& Britain and the consequent exposure of our commerce; and the pro- 
priety of our being represented there in case of that event: that the 
urgency was increased by the circumstance under which I received the 
order, M''. King having sailed without having nominated any one to 
take charge of our affairs till his successor arriA^ed. I adverted in 
the commencement to the affair with Spain, to fix in his mind, by 
evidence not to be resisted, an important fact, the date at which 
the late order was received, that he might see that it grew out of 
recent circumstances, those mentioned, and was not part of a system 
of menace adopted at the time of my appointment. I had seen the 
advantage of inculcating this truth on more than one occasion, or 
thought I had, & wished to have it in full force on the present one. 
The Minister acknowledged in explicit terms the frankness of the 
communication, which he considered as a strong proof of the fair deal- 
ing of our Government in its conduct towards his, and of its sincere 
desire to preserve peace and friendship between the two nations. Then 
taking a cursory review of what had passed in the late negotiation, he 
declared that nothing short of the course which had been taken by our 
Government would have produced the result which had attended it. 
He asked me when I proposed setting out on the proposed mission? 
I answered very soon, as there was nothing to detain me longer there. 
1 requested him to communicate the above to the First Consul, and to 
express my wish to be favored with a private audience, for the pur- 
pose of taking my leave of him before my departure. This he readily 
undertook, but observed that as the first Consul was to set out in a 
few days for the Belgic and his time was preengaged by appointments 
for the whole of the interval, he doubted whether it would l)e in his 
power to grant me an audience, tho' he was persuaded he would if he 
could. Having asked an audience 1 resolved to wait an answer till his 
departure, and the more so as I knew it would not detain me long. 
As soon as I had made the above comnuuiication to the minister, I 
made a like one to M"". Marbois, whose candid and upright deportment 
through the whole of our negotiation, had inspired me with a very 
high respect for his character. I asked and obtained about the same 
time & for the same purpose, a private audience of the Consuls Cam- 



PURCHASE OF THE TERRITORY OF LOUISIANA. 229 

baceres & le Brun, by whom I had been received with kindness, and 
treated with attention during- my mission in France, & who I had rea- 
son to believe had promoted the object of it. It was not strictly in 
course to make to these characters such a communication, but I felt 
that I owed it to the part they had taken in the late important trans- 
actions with our country, and am persuaded that it was received in 
the spirit in which it was made. I called on Joseph Bonaparte the 
elder brother of the first Consul with the same view, but as he had 
left town 1 had not the pleasure to see him. 

The day before the Consul commenced his tour I received a note 
from the Minister of foreign affairs requesting- me to meet him the 
next day at 1 o'clock at S' Cloud to be presented b}^ him to the first 
Consul, which was accordinglj' done. The audience was of some 
leng-th. 

I made a communication similar in substance to what I had already 
done to the Minister, to which I added that it was the wish of the 
President that 1 should assure him before my departure of his high 
respect & esteen^ for him personally & for the French Nation, and of 
his earnest desire to preserve peace & friendship with it. The first 
Consul reciprocated the sentiment toward the President and the U. S. 
in strong terms. He said that he considered the President as a virtu- 
ous and enlightened man, who understood and pursued the interest of 
his countr}", as a friend of libert}^ and equality: That no one wished 
more than himself the preservation of a good understanding between 
the two Republics: that he had been prompted to make the late Cession 
to the U. States not so much on account of the sum given for the terri- 
tory as from views of policy: that France had been their first friend 
and he wished to preserve that relation between the two countries for 
ever: he had perceived that we entertained a jealousy of their posses- 
sion of Louisiana which was likely to drive us into measures & con- 
nexions that would- prove not only hurtful to France, but as he pre- 
sumed to ourselves also: He therefore wished to remove the cause by 
an act which would free us from all apprehension on that head and 
leave us at liberty to pursue our course according to our interest and 
inclination. I told him in reply that I had considered the cession of 
Louisiana as having been prompted by the motives which he stated, as 
being an act of great and enlightened polic}^ rather than an affair of 
commerce, and was persuaded that our government would view it in 
the same light: that the cession would place us on the ground he men- 
tioned of real independence: that we had however been willing to give 
what was deemed an equivalent for it. He observed that there was no 
rival ship between us, our relation to France being chiefl}'' commercial; 
but that we must be on our guard, not to give the protection of our 
flag to the British. I told him that the latter was a question which 
merited all his deliberation and candor, since the principle that 
free ships made free goods, if sustained by him as I understood it 



280 PUKCHASE OF THE TERRITORY OF LOUISIANA. 

to be, precluded any discussion on that point. He admitted that 
there were difficulties in the case which he should examine with care. 
He then observed, without m}' leading to the subject tho' 1 had 
intended doing it, with respect to Florida that this was not the time 
to pursue that object: that the Spaniards had complained much of the 
cession they had made to us of Louisiana. I told him that we were 
neighbors of Spain and wished to be on friendly terms with her, which 
the possession would promote: that it was a little piece of land com- 
prized within our present limits which we ought to have. He replied 
that it was because we were their neighbors that they were jealous of 
our possessing that territory which by its ports couuiianded the gulph 
of Mexico. I told him it would be lietter for Spain that we held it 
than the British, which might take place if we did not. Still he urged 
that this was not the time to negotiate for it. 1 ceased therefore to 
press the subject further, preferring to let it be understotxl that the 
negotiation was postponed for the present, to be revived at a more 
suital)le season, when we should expect his good offices in it, to which 
he seemed to assent. 

It is to be presumed that the natural weight and respectability of 
the United States will enable their government to obtain this object 
of Spain, without the aid of any other power: It cannot be doubted 
however that France, has the means of essentiall}" promoting or embar- 
rassing it. It was on that principle that we sought to aA^ail ourselves 
of her aid in the late negotiation & that I applied for it when I was 
about to go to Spain. To have gone after the promise made us, with- 
out this communication, might have produced an ill effect; to have 
gone after my application for it in opposition to her advice would 
most probably have had the same tendency, which it seemed peculiarly 
proper to avoid especially while our treaties with her were depending. 
The Consul set out on his tour the evening of the day on which I had 
the above audience, which was on the (2I:th) of June. On the Mon- 
day following I requested my passport of M"". d'Hermand the chief in 
the department of foreign relations charged with that business who I 
found had not the power to grant one. 1 immediateh" wrote to the 
Minister of foreign relations, who had left Paris about the same time 
with the Consul to apprize him of this fact & request that he would 
be pleased to send me a passport immediately as I was ready for my 
journey and only waited one. 



[Extract.] 

Mr, Monroe to the Secretary of State. 

London 26 July 1803 
Our government ought to know to the minutest detail the motives 
which induced the government of France to adopt this measure, to 



PURCHASE OF THE TERRITORY OF LOUISIANA. 231 

enable it to do justice to those motives & bring the affair itself to a 
happy conclusion. The extrication of ourselves from a dangerous, 
perhaps a disastrous, war, by the acquisition of an important territory 
which gives such vast relief and comfort to so many of our people, is an 
event which if the causes which produced it are well understood, may 
se' ve as a monitory lesson to influence if not prescribe the course to be 
pursued in our future controversies with the European powers, if any 
should occur. America certainly bears a very distinct relation to 
Europe, from what the several powers of the latter bear to each other, 
which it is equally important for her to understand & to have under- 
stood by the latter. Of this truth the event referred to is a striking- 
example as it is a very satisfactory illustration. I should weary you 
if I pursued this subject. I have touched it to remark that for these 
and other obvious reasons I have considered it my duty to communi- 
cate to you every fact belonging to this transaction w ith which I was 
acquainted that it might be seen b}- the President in its true light. To 
these I shall at present take the liberty to add a few observations. 

You saw by M'". Livingstons and my joint letter which bore date a 
day or two before 1 left Paris about the 11"' ulto"'" that the English 
government had no agenc}^ in this affair: that it never had made a 
question of Louisiana in its discussions with the government of France, 
at any period since the French possessed it. This information was 
obtained of Lord Whitworth on the application of M''. Livingston on 
his & my part at a time when we deemed it important to know what 
interest that power had taken in the affair if any. Lord Whitworth's 
answer was as I understand frank and explicit to that effect. It there- 
fore proves fully that the Cession of Louisiana did not proceed from 
an}^ interference of G. Britain respecting it. 

The proof is in other respects positive and conclusive that it was 
produced b}^ the measures of our Government and that the decision to 
make the cession was intended to meet them in the spirit in which 
they were taken. It is a well established fact that before those meas- 
ures were well known in France the First Consul had manifested no 
inclination to make the Cession. For some time after they were 
known his disposition to retain the territory remained unshaken, tho' 
it was evident he had become more conciliator}- in his deportment 
towards our country.' As late as the 10. of March he announced his 
resolution not even to discuss the subject in any light until after he 
had sent a Minister to the U. S. and received from him such infor- 
mation as he deemed necessary for the purpose. On the 22**. of March 
he manifested his desire to retain the country to be as strong as ever, 
intimated that he had always considered the possession of it as fur- 
nishing him with the means of giving new proofs of his friendship for 
the U. States, by which he meant, as is presumed, the opening of the 
river to our Citizens, on more favorable terms than had yet been 



232 PLTRCHASE OF THE TERRITORY OF LOUISIANA. 

enjo}'ed by them, he al)solutely refused to treat at that time, tho' he 
acknowledged his sensibility to the conduct of the President in the 
conjuncture which had produced an extraordinary mission, and declared 
that he would receive the Envoy with pleasure & hoped that his mis- 
sion would terminate to the satisfaction of both powers. The decision 
to make the cession was taken on the 10'" of April after the arrival 
of that P^nvoy at Havre (which was on the 8*'') was known at Paris, 
and with a view to lay the foundation for the negotiation which was so 
soon to conmience. For the proof of th(\se facts I refer you to the 
official notes of M'. I'alleyrand to M''. Livingston of the 10"^ and 22'"* 
of March, which I presume are in your possession, and to such other 
information as you have heretofore received of the latter. The 
demonstration which they furnish of what I have above stated, is too 
strong to be resisted l)v ai.y one whose mind is not sealed by preju- 
dice against the clearest result. Had the disposition of the first Con- 
sul to make the cession l)een produced by any ))ut the measures of our 
government and country' taken together, but more especially l)y the 
firm & dignified yet conciliatory conduct of the President, he would 
not have postponed the discussion of the sul)jcct till he was apprized 
of those measures, nor would he, after he knew of them, have delayed 
the avowal of his disposition to the period that he did, or assigned 
the motive which he gave in the letter of March 22''. for the delay. 

It was impossible, had we possessed the requisite power, after our 
negotiation commenced to have opened any communication with this 
government without great hazard to our interest & credit, while it 
was impossible to derive any advantage from it. A proposition to 
Britain for her agency in the affair, could not have been expected to 
succeed without our paying some equivalent for it, which must have 
been l)y making common cause with her in her own controversy and per- 
haps also by giving her some portion of the territory or rights in the 
navigation of the river. Had we stipulated either of these considera- 
tions we should most probably have been carried into the war with 
her, the result of which is very uncertain. By making any stipula- 
tion in favor of G. Britain we should have tied up our hands in the 
degree from doing anything for ourselves, while we bound ourselves to 
her fortunes. Had we made any overture for any such an arrangement 
we hazarded its being made known, with a view to her own interest, 
to the government of France, with whom it could not fail to have pro- 
duced an ill effect in regard to ours. Perfect freedom to take such 
part as our interest required was the happiest situation, in which we 
could be placed in the negotiation, & it equally comported with honor 
& policy not only to remain so in reality, but to preserve also the 
appearance of it, while there was a prospect of success. Had we 
erred in the present case our foll}^ and disposition for intrigue must 
have been extreme, since from the commencement there was great 



PURCHASE OF THE TERRITORY OF LOUISIANA. 233 

probability of success, which continued to increase till the object was 
accomplished. 

It cannot be doubted that there were a variety of causes, which con- 
tributed to produce a change in the mind of the tirst Consul relative 
to Louisiana, & to facilitate the cession which I flatter myself our 
government has been fortunate in obtaining. Among- these ma}^ be 
calculated the failure of the Expedition to S'. Domingo, the pressure 
of the crisis in Europe &c. There are occasions which it is fair and 
honorable for every government to take advantage of & which none 
fail to do, when those at their head have discernment enough to see 
them. They are such as our distance from Europe, & fortunate situa- 
tion in other respects, will 1 hojDe alwa^^s furnish us, when they may 
be necessar}^ I aflirm, however, with perfect contidence in the opin- 
ion, that notwithstanding these favorable circumstances, we should 
not have succeeded had the amiable relations between America & 
France been broken, or had the President have taken an attitude of 
menace towards that power, or any other than precisely that which he 
did take. 



Extract of a letter from James Monroe, esq., Minister Plenipotentiary, 
London, to the Secretary of State. 

August 15, 1803. 
The enclosed, which I received last night from Paris b}^ an Ameri- 
can gentleman, containing important information, is, therefore, trans- 
mitted to you. 

[Extract of a letter from Mr. Fenwick to Mr. Monroe.] 

Paris, August 5, 1803. 
Since you left this city nothing very material has transpired. I 
know, however, from a faithful source, that the Spanish Government 
has made the most serious remonstrances against the cession of Loui- 
siana, and their instructions here are to prevent its being carried into 
execution, if yet possible: and if pecuniary arguments could succeed, 
the hands of their Ministers are not tied on that score. This might be 
a useful hint, if our Senate should not disregard federal examples in 
modifying treaties, as it is now well understood, that, if any conditional 
clause of ratification should be introduced by the United States, this 
Government would profit of the circumstance to annul the whole work. 



President Jefferson to Mr. Breckenridge. 

MoNTicELLO, Augtist 12, 1803. 
Dear Sir, — The enclosed letter, though directed to you, was intended 
to me also, and was left open with a request, that when forwarded, I 



284 PUECHASE 0¥ THE TEREITORY OF LOUISIANA. 

would forwai'd it to 3'ou, It gives me occasion to Avrite a word to you 
on the subject of Louisiana, which being- a new one, an interchange of 
sentiments may produce correct ideas before we are to act on them. 

Our information as to the country is very incomplete; we have taken 
measures to obtain it full as to the settled part, which I hope to receive 
in time for Congress. The boundaries, which I deem not admitting 
question, are the high lands on the western side of the Mississippi 
enclosing all its waters, the Missouri of course, and terminating in the 
line drawn from the northwestern point of the Lake of the Woods to 
the nearest source of the Mississippi, as latch' settled l)etween Great 
Britain and the United States. We have some claims, to extend on 
the seacoast westwardly to the Rio Norte or Bravo, and better, to go 
eastwardly to the Rio Perdido, })etween Mobile and Pensacola, the 
ancient boundary of Louisiana. These claims will be a subject of 
negotiation with Spain, and if, as soon as she is at war, we push them 
strongly with one hand, holding out a price in the other, we shall cer- 
tainly obtain the Floridas, and all in good time. In the meanwhile, 
without waiting for permission, we shall enter into the exercise of the 
natural right we hnve always insisted on with Spain, to- wit, that of a 
nation holding the upper part of streams, having a right of innocent 
passage through them to the ocean. We shall prepare her to see us 
practice on this, and she will not oppose it l)y force. 

Objections are raising to the eastward against the vast extent of our 
boundaries, and propositions are made to exchange Louisiana, or a 
part of it, for the Floridas. But, as I have said, we shall get the 
Floridas without, and I would not give one inch of the waters of the 
Mississippi to any nation, because I see in a light ver}" important to 
our peace the exclusive right to its navigation, and the admission of 
no nation into it, but as into the Potomac or Delaware, with our con- 
sent and under our police. These federalists see in this acquisition the 
formation of a new confederacy^ embracing all the waters of the Mis- 
sissippi, on both sides of it, and a separation of its eastern waters from 
us. These combinations depend on so many circumstances which we 
can not foresee, that I place little reliance on them. We have seldom 
seen neighborhood produce affection among nations. The reverse is 
almost the universal truth. Besides, if it should become the great 
interest of those nations to separate from this, if their happiness 
should depend on it so strongly as to induce them to go through that 
convulsion, why should the Atlantic States dread it? But especially 
wh}^ should we, their present inhabitants, take side in such a question? 
When I view the Atlantic States, procuring for those on the eastern 
waters of the Mississippi friendly instead of hostile neighbors on its 
western waters, I do not view it as an Englishman would the procuring 
future blessings for the French nation, with whom he has no relations 
of blood or affection. The future inhabitants of the Atlantic and Mis- 



PURCHASE OF THE TERRITORY OF LOUISIANA. 285 

sissippi States will be our 8ons. We leave them in distinct but border- 
ing establishments. We think we see their happiness in their union, 
and we wish it. Events may prove it otherwise; and if they see their 
interest in separation, why should we take side with our Atlantic 
rather than our Mississippi descendants? It is the elder and the 
young-er son differing. God bless them both, and keep them in union, 
if it be for their good, but separate them, if it be ])etter. The inhab- 
ited part of Louisiana, from Point Coupee to the sea, will of course 
be immediately a territorial government, and soon a State. But above 
that, the best use we can make of the country for some time, will be 
to give establishments in it to the Indians on the east side of the Mis- 
sissippi, in exchange for their present country, and open land offices 
in the last, and thus make this acquisition the minins of tilling up the 
eastern side, instead of drawing off its population. When we shall 
be fidl on this side, we may lay off' a range of States on the western 
bank from the head to the mouth, and so, range after range, advancing 
compactly as we multiply. 

This treaty must of course be laid before both Houses, because l)oth 
have important functions to exercise respecting it. The}^ I presume, 
will see their duty to their country in ratifying and paying for it, so 
as to secure a good which would otherwise probably be never again in 
their power. But I suppose the}^ must then appeal to tlie nation for 
an additional article to the Constitution, approving and confirming an 
act which the nation had not previously authorized. The Constitution 
has made no provision for our holding foreign territory, still less for 
incorporating foreign nations into our Union. The executive in seiz- 
ing the fugitive occurrence which so much advances the good of their 
countr}'^, have done an act beyond the Constitution. The Legislature 
in casting behind them metaphysical subtleties, and risking themselves 
like faithful servants, must ratify and pay for it, and throw themselves 
on their country for doing for them unauthorized, what we know 
the}^ would have done for themselves had they been in a situation to 
do it. It is the case of a guardian investing the money of his ward in 
purchasing an important adjacent territory; and saying to him when 
of age, I did this for your good; I pretend to no right to bind \'ou: 
you may disavow me, and I nmst get out of the scrape as I can : I 
thought it m}^ duty to risk myself for you. But we shall not be dis- 
avowed by the nation, and their act of indemnity will confirm and not 
weaken the Constitution, by more strongly marking out its lines. 



[Extract.] 

President Jefferson to Mr. Madison. 

MoNTicELLO, August 25, 1803. 
I suppose Monroe will touch on the limits of Louisiana only inci- 
dentally, inasmuch as its extension to Perdido curtails Florida, and 



236 PURCHASE OF THE TERRITORY OF LOUISIANA. 

renders it of less worth. I have used my spare moments to investi- 
gate, by the help of my books here, the sul^ject of the limits of Lou- 
isiana. I am satisfied our right to the Perdido is substantial, and can 
be opposed by a quibble on form only; and our right westwardly to 
the Bay of St. Bernard, may be strongly maintained. I will use the 
first leisure to make a statement of the facts and principles on which 
this depends. Further reflection on the amendment to the Constitu- 
tion necessary in the case of Louisiana, satisfies me it will be lietter 
to give general powers, with specified exceptions, somewhat in the 
way stated below. * * * 

P. S. — Louisiana, as ceded by France to the United States, is made 
a part of the United States. Its white inhabitants shall be citizens, 
and stand, as to their rights and obligations, on the same footing with 
other citizens of the United States in analogous situations. 

Save only that as to the portion thereof lying north of the latitude 
of the mouth of the Oreansa river, no new State shall be established, 
nor any grants of land made therein, other than to Indians, in exchange 
for equivalent portions of land occupied by them, until amendment to 
the Constitution shall be made for these purposes. 

Florida also, whensoever it may be rightfully obtained, shall become 
a part of the United States. Its white inhabitants shall thereupon be 
citizens, and shall stand, as to their rights and obligations, on the 
same footing with other citizens of the United States in analogous 
circumstances. 



President Jefferson to Wilson C. Nicholas. 

MoNTiCELLO, September 7, 1803. 
Dear Sir, — Your favor of the 3d was delivered me at court; but 
we were much disappointed at not seeing you here, Mr. Madison and 
the Governor being here at the time. I enclose you a letter from 
Mr. Monroe on the subject of the late treat)^ You will observe a hint 
in it, to do without delay what we are bound to do. There is reason, 
in the opinion of our ministers, to believe, that if the thing were to 
do over again, it could not be obtained, and that if we give the least 
opening, they will declare the treaty void. A warning amounting to 
that has been given to them, and an unusual kind of letter written by 
their minister to our Secretary of State, direct. Whateve:.* Congress 
shall think it necessary to do, should be done with as little debate as 
possible, and particularl}^ so far as respects the constitutional difii- 
cult3\ I am aware of the force of the observations you make on the 
power given by the Constitution to Congress, to admit new States 
into the Union, without restraining the subject to the territory then 
constituting the United States. But when I consider that the limits 
of the United States are precisely fixed by the treaty of 1783, that 



PURCHASE OB' THE TERRITORY OB' LOUISIANA, 237 

the Constitution expressl}^ declares itself to be made for the United 
States, I cannot help believing- the intention was not to permit 
Congress to admit into the Union new States, which should be formed 
out of the territory for which, and under whose authority alone, they 
were then acting. I do not believe it was meant that they might 
receive England, Irohind. Holland, &c., into it, which would l)e the 
case on 3"our construction. When an instrument admits two construc- 
tions, the one safe, the other dangerous, the one precise, the other 
indefinite, I prefer that which is safe and precise. I had rather ask an 
enlargement of power from the nation, where it is found necessary, 
than to assume it by a construction which would make our powers 
boundless. Our peculiar security is in the possession of a written 
Constitution. Let us not make it a blank paper ])y construction. I sa}^ 
the same as to the opinion of those who consider the grant of the treaty- 
making power as boundless. If it is, then we have no Constitution. 
If it has bounds, the}^ can be no others than the definitions of the 
powers which that instrument gives. It specifies and delineates the 
operations permitted to the federal government, and gives all the 
powers necessary to carry these into execution. Whatever of these 
enumerated objects is proper for a law, Congress may make the law, 
whatever is proper to ))e executed by way of a treaty, the President 
and Senate may enter into the treaty; whatever is to be done by a 
judicial sentence, the judges may pass the sentence. Nothing is more 
likely than that their enumeration of powers is defective. This is the 
ordinar}^ case of all human works. Let us go on then perfecting it, 
by adding, by way of amendment to the Constitution, those powers 
which time and trial show are still wanting. But it has been taken 
too much for granted, that by this rigorous construction the treaty 
power would be reduced to nothing. I had occasion once to examine 
its effect on the French treaty, made by the old Congress, and found 
that out of thirty odd articles which that contained, there were one, 
two, or three only which could not now be stipulated under our present 
Constitution. I confess, then, I think it important, in the present 
case, to set an example against broad construction, by appealing for 
new power to the people. If, however, our friends shall think differ- 
ently, certainly I shall acquiesce with satisfaction; confiding, that the 
good sense of our country will correct the evil of construction when 
it shall produce ill effects. * * * 



Mr. Madison to Mr. Livingston. 

Department of State, Octoher 6^ 1803. 
Sir: My last was of July 29, written a few days before my depar- 
ture from Virginia, whence I returned, as did the President, ten or 



238 PURCHASE OF THE TERRITOEY OF LOUISIANA. 

twelve days ago. Your letters received since that date are of Ma}^ 20, 
June 3 and 25, and July 11, 12, and 30th. 

In the repl}^ to the communication made by the French Government 
on the subject of the war, you are charged by the President to express 
the deep regret felt by the United States at an event so afflicting to 
humanity. Deploring all the calamities with which it is pregnant, 
they devoutly wish that the benevolent considerations which pleaded 
in vain fot- a continuance of peace, may have a due effect in speedily 
restoring its blessings. Until this happy change shall take place, the 
French Government may be assured that the United States will forget 
none of the obligations which the laws of neutrality impose on them. 
Faithful to their character, they will pa}^ to every belligerent right 
the respect which is due to it; but this duty will be performed in the 
confidence that the rights of the United States will be equally respected. 
The French Government will do justice to the frankness of this decla- 
ration, which is rendered the more proper by the irregularities of 
which too many examples have been heretofore experienced. The 
President does not permit himself to doubt that the French Govern- 
ment, consulting equally its own honor and the true interests of 
France, will guard, by effectual regulations, against every abuse under 
color of its authority, whether on the high seas or within French or 
foreign jurisdiction, which might disturb the commerce, or endanger 
the friendly relations so happily subsisting, and which the United 
States are so much disposed to cherish, between the two nations. 

Your interposition against the arret of the 1st Messidor, an 11, was 
due to the just interests of your fellow-citizens. It is to be hoped, 
that the strong views which you have presented of the subject, will 
lead the French Government to I'etract, or remodify, a measure not less 
unjust to foreigners than injurious to the interests of Frniice: regu- 
lations which, by their suddenness, ensnare those who could not pos- 
sibly know them, and who meant to observe those naturally supposed 
to be in force, are, to all intents, retrospective — having the same effect, 
and violating the same privileges, as laws enacted subsequent to the 
cases to which they are applied. The necessity of leaving between 
the date and the operation of commercial regulations an interval suf- 
ficient to prevent surprise on distant adventurers, is, in general, too 
little regarded, and so far there may be room for common complaint; 
but when great and sudden changes are made, and above all, when 
legal forfeitures, as well as mercantile losses, are sustained, redress 
may fairly be claimed by the innocent sufferers. Admitting the public 
safety, which rarely happens, to require regulations of this sort, and 
the right of every Government to judge for itself of the occasions, it 
is still more reasonable that the losses should be repaired than that the}" 
should fall on the individuals innocently ensnared. 

Your suggestion as to commercial arrangements of a general nature 



PURCHASE OF THE TERRITORY OF LOUISIANA. 239 

with France, at the present juncture, has received the attention of the 
President, but he has not decided tliat anj' instructions should be given 
you to institute negotiations for that purpose; especially as it is not 
known on what particular points, sufficiently advantageous to the 
United States, the French Government would be likely to enter into 
stipulations. Some obscurity still hang-s on the extra duty exacted 
by the Batavian Government. The state of our information leaves 
it doubtful, whether the interests of the United States would be pro- 
moted by the change authorized l)y our treaty with that Republic. 

Mr. Pinckney will doubtless have communicated to you his conver- 
sation with Mr. Cevallos, in which the latter denied the right of France 
to alienate Louisiana to the United States, alleging a secret stipula- 
lation by France not to alienate. Two notes on the same subject have 
lately been presented here by the Marquis d'Yrujo. In the first, 
dated September 4, he enters a caveat against the right of France to 
alienate Louisiana, founding it on a declaration of the French Ambas- 
sador at Madrid, in July, 1802, that France would never part with 
that territor}^; and affirming that on no other condition Spain would 
have ceded it to France. In the second note, dated September 27, it 
is urged, as an additional objection to the treaty between the United 
States and France, that the French Government had never completed 
the title of France, having failed to procure the stipulated recognition 
of the King of Etruria from Russia and Great Britain, which was a 
condition on which Spain agreed to cede the country to France. 
Copies of these notes of the Minister here, with my answer, as also 
extracts from Mr. Pinckney's letter to me, and from a note of the 
Spanish Minister at Madrid to him, are also enclosed. 

From this proceeding on the part of Spain, as well as by accounts 
from Paris, it is not doubted, that whatever her views may be, in 
opposing our acquisition of Louisiana, she is soliciting the concurrence 
of the French Government. The interest alone which France mani- 
festly has in giving effect to her engagement with the United States, 
seems to forbid apprehensions that she will listen to any entreaties 
or temptations which Spain ma}" employ. As to Spain, it can hardly 
be conceived that she will, unsupported by France, persist in her 
remonstrances, much less that she will resist the cession to the United 
States by force. 

The objections to the cession advanced by Spain, are in fact too 
futile to weigh either with others or with herself. The promise made 
by the French Ambassador, that no alienation should be made, formed 
no part of the treaty of retrocession to France; and, if it had, could 
have no effect on the purchase by the United States, which was made 
in good faith, without notice from Spain of any such condition, and 
even with sufficient evidence that no such condition existed. The 
objection drawn from the failure of the French Government to pro- 



240 ruRCHASj: ob^ thp: territory of Louisiana. 

cure from other Powers an acknowledgiiicnt of the King of Etriiria, is 
equally g-roundless. This stipulation was never communicated either to 
the pul)lic or to the United States, and could, therefore, be no bar to 
the contract made by them. It might l)c added, that, as the acknowl- 
edgment stipulated was, according to the words of the article, to 
precede possession hy the King of Etruria, the overt possession I)v 
him was notice to the world that the conditions on which it depended 
had l)een either fulfilled or had been waived. Finally, no particular 
Powers whose acknowledgment was to be procured are naiDcd in the 
article, and the existence of war between (ireat Britain and France at 
the time of the stipulation, is a proof that the British acknowledgment, 
the want of which is now alleged as a breach of the treat}', could never 
have been in its contemplation. 

But the conduct of the Spanish Government, both toward the United 
States and France, is a complete answer to every possible objection to 
the treaty l)etween them. That Government well knew the wish of 
the United States to acquire certain territories which it had ceded to 
France, and that they were in negotiation with France on the subject; 
yet the slightest hint was never given that France had no right to 
alienate, or even that an alienation to the United States would he dis- 
agreeable to Spain. On the contrary, the Minister of His Catholic 
Majest} , in an official note, bearing date May 4 last, gave information 
to the Minister of the United States at Madrid, that "the entire prov- 
ince of Louisiana, with the limits it had when held by France, was 
retroceded to that Power, and that the United States might address 
themselves to the French Government in order to negotiate the acqui- 
sition of the territories which would suit their interest.'' Here is at 
once a formal and irrevocable recognition of the right as well of 
France to convey, as of the United States to receive, the territory 
which is the subject of the treat}^ between them. More than this can 
not be required to silence, forever, the cavils of Spain at the titles of 
France, now vested in the United States: yet, for more than this, she 
ma}^ be referred to her own measures at New Orleans, preparatory to 
the delivery of possession to France; to the promulgation, under 
Spanish authority at that place, that Louisiana was retroceded, and to 
be delivered to France; and to the orders signed b}' His Catholic 
Majestj^'s own hand, now ready to be presented to the Government of 
Louisiana, for the delivery of the province to the person duly author- 
ized by France to receive it. 

In a word, the Spanish Government has interposed two objections 
only to the title conveyed to the United States by France. It is said, 
first, that the title in the United States is not good, because France 
was bound not to alienate. To this it is answered, that the Spanish 
Government itself referred the United States to France, as the Power 
capable, and the onl}' Power capable, of couve3dng the territory in 



PURCHASE OF THE TERRITORY OF LOUISIANA. 241 

question. It is said, next, that the title in France herself was not good. 
To this, if the same answer is less decisive, the orders of the King of 
Spain for putting France into possession are an answer which admits 
of no reply. 

The President has thought proper that this view of the subject 
should be transmitted to you; not doubting that 3'ou will make the 
proper use of it with the French Government, nor that that Govern- 
ment will feel the full force of its stipulated obligations to remove 
whatever difficulties Spain may interpose towards embarrassing a 
transaction, the complete fultillment of Avhich is as essential to the 
honor of France as it is important to the interests of both nations. In 
the meantime, wc shall proceed in the arrangements for taking posses- 
sion of the country ceded, as soon as possession shall be authorized; 
and it may be presumed, that the provisions depending on Congress 
will ))e sufficient to meet the discontents of Spain, in whatever form 
they may assume. 

The United States have obtained, by just and honorable means, a 
clear title to a territory too valuable, in itself, and too important to 
their tranquillity and securit}', not to be etfectuall}^ maintained. And 
they count on ever}' positive concurrence, on the part of the French 
Government, which the occasion may demand from their friendship 
and their good faith. 

The rightful limits of Louisiana are under investigation. It seems 
undeniable, from the present state of the evidence, that it extends 
eastwardly as far, at least, as the river Perdido; and there is little 
doubt that we shall make good both a western and northern extent 
highly satisfactor}' to us. 

The considerations which led Mr. Monroe to decline his trip to 
Madrid, having the same weight with the President, the mission is 
suspended until other instructions shall be given, or until circum- 
stances shall strongly invite negotiations at Madrid for completing the 
acquisition desired by the United States. 
With great respect, 

James Madison. 
RoBEET R. Livingston, &c. 

P. S., October 14. — Since the above was written, I have received a 
third note from the Marquis d'Yrujo in reply to my answer to his 
two preceding. A cop}" of it is herewith added. It requires no com- 
ment beyond what may be applicable in the above observations on his 
two first notes; being probably intended for little more than a proof 
of fidelity to his trust and of a zeal recommending him to the favor of 
his Sovereign. 

It having been thought proper to communicate to M. Pichon, the 
French Charge d'Affaires here, the tenor of the notes from the Marquis 
H. Doc. 4?.l 1»> 



242 PURCHASE OF THE TERRITORY OF LOUISIANA. 

d'Yrujo, he has presented, in a note just received, a vindication of his 
Government, and its treat}^ with the United States, against the objec- 
tions proceeding from the Spanish Government. A cop}- of this note 
is herewith inclosed. 



The Marquis d'Yrujo to the Secretary of State. 

Philadelphia, Sejttemher J^,^ 1803. 

Through the medium of the Ambassador of the King my master, in 
Paris, it has come to His Royal knowledge that that Government has 
sold to that of the United States the Province of Louisiana, which His 
Majest}^ has retroceded to the French Republic. This information has 
occasioned to the King my master no small surprise, seeing that the 
French Government had contracted with His Majesty the most solemn 
engagements never to alienate the said province. In order to convince 
the Government of the United States of the nature of these engage- 
ments, I take the liberty here to insert a paragraph of a note presented 
on the 22d July, 1802, l)y M. de St. Cyr, Ambassador of the French 
Republic, at Madrid, to the Secretary of State of His Majesty, as 
follows: 

" His Catholic Majesty has appeared to wish that France should 
engage not to sell nor alienate, in any manner, the property and the 
enjoyment of Louisiana. Its wish in this respect is perfectl^^ con- 
formable with the intentions of the Spanish Government; and its sole 
motive for entering therein was because it respected a possession which 
had constituted a part of the French territory. I am authorized to 
declare to you in the name of the First Consul that France will never 
alienate it." 

The mere reading of the ])aragraph which i)reccdes will convince 
you, as well as the President of the United States, that the sale of 
Louisiana, which France has lately made, is a manifest violation of 
the obligations contracted by her with His Catholic Majesty, and that 
France wants the powers to alienate the said province without the 
approbation of Spain, as is seen incontestably in the above-recited note 
of the Ambassador St. Cyr, authorized by his Government. 

The King my master charges me to inform this Government as 
soon as possible of this important circumstance; and, in compliance 
with His Royal will, I hasten to acquaint you therewith, in order that it 
may as soon as possible come to the knowledge of the President of the 
United States. God preserve you many years. 

M. DE Casa Yrujo. 

James Madison, Esq. 



PURCHASE OF THE TEREITOKY OF LOUISIANA. 243 

From Marquis d'Yrujo to Mr. Madison. 

Vicinity of Philadelphia. Septeiiiber ^7, 1803. 

Sir: On the 4th current I had the honoi- to intimate to you the 
extraordinar}; surprise with which the King my master had heard of 
the sale of Louisiana, made to the United States, in contravention of 
the most solemn assurances given in writing- to His Majesty l)y the 
Ambassador of the French Republic near his person, and with the con- 
sent and approbation of the First Consul. The King my master 
charges me again to remind the American Government that the said 
French Ambassador entered, in the name of his Republic, into the pos- 
itive engagement that France never would alienate Louisiana, and to 
observe to it that the sale of this province to the United States is 
founded in the violation of a promise so absolute that it ought to be 
respected; a promise, without which the King my master would, in no 
manner, have dispossessed himself of Louisiana. His Catholic Majesty 
entertains too good an opinion of the character of probity and good 
faith which the Government of the United States has known how to 
obtain so justly for itself, not to hope that it will suspend the ratifica- 
tion and eflfect of a treaty which rests on such a basis. There are other 
reasons no less powerful which come to the support of the decorum 
and respect which nations mutually owe each other. France acquired 
from the King my master the retrocession of Louisiana under obliga- 
tions, whose entire fulfilhuent was absolutely necessar}" to give her the 
complete right over the said province; such was that of causing the 
King of Tuscan}^ to be acknowledged by the Powers of Europe; but, 
until now, the French Government has not procured this acknowledg- 
ment promised and stipulated, either from the Court of London or 
from that of St. Petersburg. Under such circumstances it is evident 
that the treaty of sale entered into between France and the United 
States does not give to the latter any right to acquire and claim Louisi- 
ana, and that the principles of justice as well as sound policy ought to 
recommend it to their Government not to meddle with engagements as 
contrary in reality to her true interests as they would be to good faith, 
and to their good correspondence with Spain. 

Such are the sentiments which the King my master has ordered me 
to communicate to the President of the United States; and, having done 
it through you, I conclude, assuring you of my respect and considera- 
tion towards your person, and of my wishes that our Lord may 
preserve your life, &c. 

M. DE Casa Yru-jo. 

James Madison, Esq. 



244 PURCHASE OF THE TERRITORY OF LOUISIANA. 

From Mr. Madison to the Marquis d'Yrujo. 

OCTOBEK 4, 1803. 

Sik: I have duly received 3'our two letters of the 4th and 27th 
ultimo, and have laid them before the President. 

The repugnance manifested in these communications, on the part of 
His Catholic Majesty, to the cession of Louisiana lately made l)y the 
French Repu])lic to the United States, was as little expected as the 
objections to the transaction can avail against its solidity. 

The United States have given unquestionable proofs to the Spanish 
Government and nation of their justice, their friendship, and their 
desire to maintain the l)est neigh])orhood; and the President confides 
too nuich in the reciprocity of these sentiments, so repeatedly and so 
recently declared on the part of His Catholic Majesty, to have sup- 
posed that he would see with dissatisfaction a convenient acquisition 
by the United States of territories which were no longer to remain 
with Spain. With respect to the transaction itself, by which the 
United States have acquired Louisiana, it would he superfluous to say 
more in justification of its perfect validity than to refer to the official 
communication made by Mr, Cevallos to the Minister Plenipotentiary 
of the United States at Madrid, in a note dated on the 4th of May last. 
His words are: "Por la retrocesion hecha a la Francia de la Luisiana, 
recobro esta Potencia dicha provincia con los limites con que Ion tubo, 
y salvos los derechos adquiridos por otras Potencias. Za de Jos E-stado-s 
Unidos jpodra dirigirse al G6bier)u) Frances para negociar la adquhi- 
cian de territorios que convejigan a sn. interes.'^" Here is an explicit 
and positive recognition of the right of the United States and France 
to enter into the transaction which has taken place. 

To these observations, which I have been charged ])y the President 
to make to you, I have only to add, sir, that his high respect for His 
Catholic Majesty, and his desire to cherish and strengthen the friendly 
sentiments happily subsisting between the two nations, will induce him 
to cause such explanations and representations to l)e made through the 
Minister Plenipotentiary of the United States at Madrid as can not fail 
to reconcile His Catholic Majesty to an event so essentially connected 
with the respect which the United States owe to their character and 
their interest. 

Be pleased, sir, to accept assurances of the high respect and consid- 
eration with which I have the honor to be, your most obediiMit, 
humble servant, 

James Madison. 

"Translation: "By the retrocession made to France of Louisiana, this Power has 
recovered the said province with the Hniits which it had, and saving the rights 
acquired l)y other Powers. The United States can address themselves to the French 
Government to negotiate the acquisition of territories which may suit their interest." 



PURCHASE OF THE TERRITORY OF LOUISIANA. 245 

Mr. Madison to Mr. Monroe. 

Washington, (M. 10, ISOS. 
Dear Sir, — Finding that Mr. Purveyance is within reach of a few 
lines, I add them to what he is alread}^ charged with, to observe that 
Yrujo has written another remonstrance against our acquisition of 
Louisiana, alleging as a further objection, that France, by not obtain- 
ing the stipulated acknowledgements of the King of Etruria from the 
Courts of Petersl)urg and London, had a defective title herself to the 
Ces.sion. Nothing can be more absurd than these cavils on the part 
of Spain, unless it should be her using in support of them force 
against our taking possession. This she will scarlely attempt, if not 
backed l)y France, which we hope is impossible. I am writing on 
this sul)ject to Livingston and Pinckney. I have already done so to 
Yrujo, giving him to understand that we shall not withhold an}" 
means that may l)e rendered necessary to secure our object. Piclion 
is perfectly well disposed, is otfended with the Spanish Minister, and, 
if left under the orders he now has, will co-operate zealously, with an 
honest view to the honor and obligations of his own Country. On 
our part, I trust eveiy thing that the crisis demands will be done, and 
that we shall speedily be in possession of the valuable o})ject which 
the Treaty with France has gained for us. Baring is here, but hav- 
ing not yet called on me I have had no opportunity of pa3nng him 
civilities, or obtaining explanations from him. * * * 



Marquis d'Yrujo to the Secretary of State. 

Baltimore, -Odolxn' 12, 1803. 

Sir: I have received your letter of the 4th current in repl}" to those 
which I had the honor to write to you on the 4th and 27th of last 
month; and as, without entering into the examination of the powerful 
reasons which, in the name of the King my master, 1 unfolded 
therein, against the sale of Louisiana, you refer generally to the 
explanations which, as jou inform me, the Minister of the United 
States near His Majesty is to make at Madrid. I shall at present con- 
tine my observations to that which you are pleased to make to me, 
founded upon certain expressions which 3^ou cite to me from an official 
letter of the Secretar}^ of State, of the King my master, to the above- 
mentioned American Minister in Spain. The expressions are the fol- 
lowing: 

"By the retrocession made to France of Louisiana, this Power has 
recovered the said province, with the limits which it had, and saving 
the rights acquired by other Powers. The United Stated can address 
themselves to the French Government to negotiate the acquisition of 
territory which may suit their interests." 



246 PURCHASE OF THE TERRITORY OF LOUISIANA. 

These expressions, wiiich you consider as an explicit and positive 
acknowledgment of the rioht of the United States and France to enter 
into the engagements which the}- afterwards did, do not, in my opinion, 
weaken in any manner the foundation and the force of the represen- 
tations which I liad the honor to make to you against the sale of 
Louisiana. 

There is an expression, among those you cite, which will suffice to 
refute the inference which you draw from them, and it is that of sav- 
ing the rights acquired by other Powers. Although the general form 
of this expression gives, in other respects, much latitude to its true 
meaning, it is indubitalde that Spain having made the retrocession of 
Louisiana, to France, under certain conditions and modifications, Spain 
has the indubitable i-ight to claim their execution. Of this nature was 
the stipulation, that France should not sell or alienate Louisiana in 
any manner wdiatever, and likewise the solemn and positive accession 
and declaration of the French Government adhering to the wishes of 
Spain; consequently this expression destro3'S the possibility that, 
according to existing circumstances, the French Government should 
possess the right of selling the said province, or that of the United 
States of buying it. 

There is another consideration still stronger, and which is not at all 
subject to the interpretation 'of equivocal expressions. It is evident 
that the engagement entered into by France with Spain not to alienate 
Louisiana in any manner, is much older in date than the official letter 
of Mr. Cevallos, whose expressions you are pleased to cite to me. In 
that lett(U' those which you have scored, that the United States can 
address tJiemselves to the French Government to negotiate tJie (icqinsition 
of the territory tvhich may suit their interests^ neither signify nor can 
signify anything but a deference towards France, whose Government 
alone is now concerned to give a decisive answer to the requests of the 
United States, an answer analogous and conformable to the nature of 
the previous engagements which had ])een entered into with Spain. 
The repugnance of the Spanish Government may likewise be recog- 
nized to give to that of the United States a necessary negative at a 
time when it found itself united with them l)y bands of the most 
sincere friondship. 

Other interpretations of equal force may be derived from the obvi- 
ous meaning of the expressions of the official letter of the Secretary 
of State of His Majesty mentioned b}^ .you; but as those which I have 
just made are, in ni}^ opinion, conclusive, I al)stain from entering upon 
others in detail, and I take the liberty to t-all to them the attention, as 
well of yourself as of the President of the United States, in ord(M- that 
you maj^ be more and more convinced of the reason and justice with 
which the King my master obj(>cts to the ratification of a treaty 
founded upon a manifest violation of tlie most solenni engagements 



PUKCHASE OF THE TEKRITOKY OF LOUISIANA. 24? 

entered into b}^ France. I avail myself, with pleasure, of this occasion 
to reiterate to you my wishes to serve you and that our Lord would 
preserve your life, &c. 

M. De Casa Yrujo. 
James Madison, Esq. 



James Madison, Secretary of State, to Charles Pinckney, Minister to Spain. 

Department of State, October l'£, IHOS. 

Since my last of July 29th, 1 have received your several letters of 
April 12th and 20th, May 2d and 4th, ,lune 12th, and July 18th. 

Mr. Monroe has already informed you of his having proceeded to 
London, and of his intention not to repair to Madrid for the present. 
He will have since received instructions, given on a contrary supposi- 
tion; but it is probable he will wait where he is for the determination 
of the President, on the reasons which kept him from proceeding to 
Madrid. I have just informed him that the President approves the 
course he has taken, so that he is not to be expected to join you at 
Madrid, until he shall be so instructed, or until a change of circum- 
stances shall, in his view, clearly invite him to do so. My last letter 
to you, having provided for the case of Mr. Monroe's postponing this 
trip, I need not repeat the instructions and observations then made 
to you. I shall only add that it is more proper now than ever that 
you should not be in haste, without the concurrence of your colleague, 
to revive the negotiation jointly committed to you. 

Among the reasons which weighed with the President, as well as 
with Mr. Monroe, against attempting, at present, to procure from 
the Spanish Government the residuum of territory desired by the 
United States, is the ill-humor shown by that Government at the 
acquisition already made by them from France; and of which the 
language held to you by Mr. Cevallos, as communicated in your letter 

of , is a sufficient proof. A still fuller proof of the same fact 

is contained in three letters lately received from the Spanish Minister 
here; copies of which, with the answer to my two first, are herewith 
enclosed. 1 enclose also a copy of a letter written on the occasion to 
Mr. Livingston, which was rendered more proper by the probability, 
as well as by information from Paris, that efiorts would be used by 
Spain to draw the French Government into her views of fi'ustrating 
the cession of Louisiana to the United States. 

In these documents you will find the remarks by which the objections 
made by the Spanish Government to the Treaty of Cession between 
the United States and France are to be combatted. The President 
thinks it proper, that they should, without delay, be conveyed to the 
Spanish Government, either by note from 3^ou or in conversation, as 
you may deem most expedient; and in a form and style best uniting the 



248 PURCHASE OF THE TERRITORY OF LOITISIANA. 

advantages of making that Government sensible of the absolute deter- 
mination of the United States to maintain their right with the pro- 
priety of avoiding undignilied menace and unnecessary irritation. 

The conduct of Spain, on this occasion, is such as was, in several 
views, little to be expected, and as is not readily explained. If her 
object be to extort Louisiana from France, as well as to prevent 
its transfer to the United States, it would seem that she must be 
emboldened by an understanding with some other very powerful 
quarter of Europe. If she hopes to prevail on France to break her 
engagement with the United States, and voluntarily restore Louisiana 
to herself, why has she so absurdly blended with the project the offen- 
sive communication of the perfidy which she charges on the First 
Consul? If it be her aim to prevent the execution of the treaty 
between the United States and France, in order to have for her neigh- 
bor the latter instead of the United States, it is not diflicult to show 
that she mistakes the lesser for the greater danger against which she 
wishes to provide. Admitting, as she ma}^ possildy suppose, that 
Louisiana, as a French Colonj^ would be less able, as well as less dis- 
posed, than the United States, to encroach on her southern possessions, 
and that it would be too much occupied with its own safety against 
the United States to turn its force on the other side against her 
possessions, still it is o])vious, in the first place, that in proportion to 
the want of power in the French the colony would be safe for Spain; 
compared with the power of the United States, the colony would l)e 
insufiicient as a l)arrier against the United States; and, in the next 
place, that the very security which she provides would itself be a 
source of the greatest of all the dangers she has to apprehend. 

The collisions between the United States and the French would lead 
to a contest, in which Great Britain would naturally join the former, 
and in which Spain would, of course, be on the side of the latter; and 
what becomes of Louisiana and the Spanish possessions beyond it, in 
a contest between the Powers so marshaled ? An easy and certain vic- 
tim to the fleets of Great Britain and the land armies of this country. 
A combination of these forces was alwaj^s, and justly, dreaded by both 
Spain and France. It was the danger which led both into our Revo- 
lutionary war, and much inconsistency and weakness is chai'geable on 
the projects of either which tend to reunite, for the purposes of war, the 
power which has been divided. France, returning to her original 
policy, has wisely, by her late treat}^ with the United States, obviated 
a danger which could not have been very remote. Spain will be equally 
wise in following the example; and, by acquiescing in an arrangement 
which guards against an early danger of controversy between the 
United States, first with France, and then with herself, and removes 
to a distant day the approximation of the American and Spanish set- 
tlements, provides in the best possible manner for the security of the 



PURCHASE OF THE TERRITORY OF LOUISIANA. 249 

latter, and for a lasting- harmony with the United States. What is it 
that Spain dreads? She dreads, it is presumed, the growing power of 
this country, and the direction of it against her possessions within its 
reach. Can she annihilate this power? No. Can she sensibly retard 
its growth? No. Does not common prudence then, advise her to 
conciliate, b}' ever}' proof of friendship and confidence, the good will 
of a nation whose power is formidable to her; instead of yielding to 
the impulses of jealousy and adopting obnoxious precautions which 
can have no other effect than to bring on, prematurely, the whole 
weight of the calamity which she fears? Retlections such as these ma}^ 
perhaps, enter with some advantage into 3'our comnuuiications with 
the Spanish Government; and, as far as they may be invited l)y favor- 
able occasions, you will make that use of them. 

Perhaps, after all this interposition of Spain, it may be intended 
merel}' to embarrass a measure which she does not hope to defeat, in 
order to obtain from France, or the Ihiited States, or both, concessions 
of some sort or other as the price of her acquiescence. As yet no indi- 
cation is given that a resistance, b}^ force, to the execution of the 
treat}^ is prepared or meditated. And if it should, the provisions 
depending on Congress, whose session will commence in two days, will, 
it may be presumed, be etfectuallv adapted to such an event. 

With sentiments, &c., James Madison. 

Charles Pinckney, Esq. 



Mr. Pichon to the Secretary of State. 

Georgetown, '21 Vendrm.laire^ IMJi year {Octoher 1)^^ 1803). 

The undersigned, to whom the Secretary of State has been pleased 
to communicate the proceedmgs of the Minister of His Catholic 
Majesty to the United States, in relation to the treaty by which the 
French Republic has ceded Louisiana lo the United States, thinks that 
he owes it to his own Government as well as to the American Govern- 
ment, to present to Mr. Madison the observations of which those pro- 
ceedings, as far as they attack the rights and even the dignity of the 
French Government, have appeared to him susceptible. 

The Court of Madrid, according to the notes of its Minister, con- 
siders the cession made by France to the United States as irregular and 
invalid: 1st. Because France had renounced the right of alienating the 
territories in question: 2d. Because the Treaty of St. Ildefonso, by 
which Spain retroceded those territories to France, has not been fully 
executed with respect to the acknowledgment of the King of Etruria, 
an acknowledgment which was one of the conditions of the retrocession 
to be fulfilled by France. 

On the first point, the undersigned will observe that the Treaty of 



250 PUKCHASE OF THE TEERITORY OF LOUISIANA. 

St. Ildefonso retrocedes Louisiana in full sovereignty, and without any 
limitation as to the future domain of France. To operate a limitation 
so essential as is that to which the Court of Madrid appeals, nothing 
less would have been necessar}^, according to the nature of contracts 
in general and of treaties in particular, than a stipulation to this effect 
inserted in the treaty itself. A promise made fifteen months after the 
signature of this pact, and which might, on one side, have been jielded 
to the solicitations of one of the contracting parties, and, on the other, 
dictated l)y dispositions which might then exist in the other partv, but 
which ulterior circumstances might have changed; such a promise 
can not create in favor of Spain a right sufficient to enable her to 
charge with invalidity the transactions Avhich have contravened it. 
The contrary pretension would certainly confound all the principles 
relatixe to the nature of obligations, and would destroy the solemnity 
of treaties. These general reasonings would receive a new force from 
the circumstances which are peculiar to different nations in relation 
to the subject of pacts; but the undersigned will not enter into the 
examination of these <;ircumstances, under the persuasion that general 
principles sufficiently repel the pretensions of the Court of Madrid. 

On the second point, the objections of that Court do not appear to 
the undersigned to be better founded. It is known that the King of 
Etruria was placed on the throne since the Treaty of St. Ildefonso. 
We have a right to suppose that His Catholic Majesty was satisfied 
from that period with the measures and efforts employed by France, 
to cause the title of this Prince to be acknowledged ])y the other 
nations. It is at least what might be concluded from facts within the 
knowledge of all the world. In the Treaty of Amiens, concluded on 
the 2Tth of March, 1802, Great Britain did not acknowledge the King 
of Etruria. Notwithstanding the silence of the Court of London, on 
so solemn an occasion, that of Madrid ordered, in the month of Octo- 
ber following, the delivery of the Colony to France, as is proved by 
the Roj^al cedula, which the undersigned has received and exhibited to 
Mr. Madison; a cedula, which, as all the world knows, was long aga 
forwarded to the Captain-General of Louisiana, who sent the Marquis 
of Casa Calvo to New Orleans to superintend its execution. 

To these conclusive observations, the undersigned will add, that the 
Court of Madrid might have been informed in the course of the month 
of February last, by its Minister to the United States, that the Ameri- 
can Government was sending to Paris a Minister Extraordinary, in 
order to negotiate with the French Govenuuent the acquisition of 
New Orleans. If the Court of Madrid had seen, in the object of this 
mission, an injury offered to its rights, what prevented it, after being 
thus early apprized, from informing thereof the Minister of the 
United States at Paris, and the French Govermnent, and from inter- 
posing, before the conclusion of the treaty, its intervention in a form 



PURCHASE OF THE TERRITORY OF LOUISIANA. 251 

adapted to suspend it? Jt does not appear that that Court has 
taken, at Paris, any steps of this nature. To suppose it, would be 
ineonsistent with the instructions which the undersigned has received 
from his Government, to accelerate as much as is in his power the 
execution of the treaty concluded on the 3oth of April last, between 
the French Republic and the United States. 

The undersigned therefore hopes, that the American Government 
will not see in the proceedings of the Court of Madrid, in order to 
o])struct the execution of this treaty, anything but specious reasonings, 
and will proceed to its execution with the same earnestness which the 
French Government has etnployed on its part. The undersigned has 
received the necessarj' orders to exchange the ratifications, and to 
effect the taking of possession of Louisiana In^ France, and its transfer 
to the United States. He does not presume that the Court of Madrid 
would wish to oppose the execution of the first orders. This suppo- 
sition would be as contrary to its loyalty as to the dignity of the 
French Government. In any event, as soon as the ratifications are 
exchanged, the undersigned will proceed without delay, in concert 
with the Connuissary appointed for that purpose by the First Consul, 
to the delivery of the colony to the persons whom the President of the 
United States shall appoint to take possession of it. 

The undersigned has the honor to request Mr. Madison to submit to 
the President of the United States the contents of this note, which is 
intended to prevent the imputations cast by the Minister of Spain 
against the French Government, from remaining without reply. Tlie 
undersigned prays, at the same time, Mr. Madison to receiAc the 
assurance of his respect and of his high consideration. 

L. A. PiCHON. 



Message from the President of the United States, October 17, 1803. 

To the Senate and House of Representatives of the United States: 

In calling you together, fellow-citizens, at an earlier da}^ than was 
contemplated by the act of the last session of Congress, I have not 
been insensible to the personal inconveniences necessarily resulting 
from an unexpected change in your arrangements. But matters of 
great public concernment have rendered this call necessary, and the 
interest you feel in these will supersede in your minds all private 
considerations. 

Congress witnessed, at their last session, the extraordinary agitation 
produced in the pul)lic mind ])y the suspension of our right of deposit 
at the port of New Orleans, no assignment of another place having 



252 PURCHASE OF THE TERRITORY OF LOIIISIAMA. 

been made according to t^eat3^ They were sensible that the continu- 
ance of that privation would ])e more injurious to our nation than an}^ 
consequences that could flow from any mode of redress; but, reposing 
just confidence in the good faith of the Government whose ofiicer had 
committed the wrong, friendly and reasonable representations were 
resorted to, and the right of deposit was restored. 

Previous, however, to this period we had not been unaware of the 
danger to which our peace would be perpetually exposed whilst so 
important a key to the commerce of the Western country remained 
under a foreign power. Difficulties too were presenting themselves 
as to the navigation of other streams, which arising in our territories, 
pass through those adjacent. Propositions had therefore been author- 
ized for obtaining on fair conditions the sovereignty of New Orleans, 
and of other possessions in that quarter, interesting to our quiet, to 
such extent as was deemed practicable; and the provisional appropri- 
ation of two million dollars, to be applied and accounted for ]>y the 
President of the United States, intended as part of the price, was 
considered as conveying the sanction of Congress to the acquisition 
proposed. The enlightened Government of France saw, with just 
disceriunent, the importance to both nations of such liberal arrange- 
ments as might best and permanently promote the peace, interests 
and friendship of ))oth; and the property and sovereignty of all 
Louisiana, which had been restored to them, has, on certain condi- 
tions, been transferred to the United States, by instruments bearing 
date the 3()th of April last. When these shall have received the con- 
stitutional sanction of the Senate, they will, without delay, be commu- 
nicated to the Representatives for the exercise of their functions, as 
to those conditions which are within the powers vested by the Consti- 
tution in Congress. Whilst the property and sovereignt}^ of the 
Mississippi and its waters secure an independent outlet for the produce 
of the Western States, and an uncontrolled navigation through their 
whole course, free from collision with other Powers, and the dangers 
to our peace from that source, the fertility of the countr}^, its climate 
and extent, promise, in due season, important aids to our Treasur}^ an 
ample provision for our posterity, and a wide spread for the blessings 
of freedom and equal laws. 

With the wisdom of Congress it will rest to take those ulterior meas- 
ures which may be necessary for the immediate occupation and tempo- 
rary government of the country; for its inc(jrporation into our union: 
for rendering the change of government a blessing to our newly adopted 
brethren; for securing to them the rights of conscience and of prop- 
erty; for confirming to the Indian inhabitants their occup mcy and self- 
government, establish friendh^ and commercial relations with them, 
and for ascertaining the geography of the country acquired. Such 



PUECHASE OF THE TERKITOKY OF LOUISIANA. 253 

materials for your information relative to its affairs in general, as the 
short space of time has permitted me to collect, will be laid before j^ou 
when the subject shall be in a stai^e for 3^our consideration. 



Th. Jefferson. 
October 17, 1803. 



Treaty between the United States of America and the French Republic. 

The President of the United States of America, and the First Consul 
of the French Republic, in the name of the French people, desirino^ to 
remove all source of misunderstanding, relative to objects of discus- 
sion mentioned in the second and fifth articles of the Convention of 
(the 8th Vendemiaire, an 9,) September 30, 1800, relative to the rights 
claimed by the United States, in virtue of the treaty concluded at 
Madrid, the 27th October, 1795, between His Catholic Majesty and the 
said United States, and willing to strengthen the union and friendship, 
which at the time of the said Convention was happily reestablished 
between the two nations, have respectively named their Plenipoten- 
tiaries, to-wit: The President of the United States of America, by and 
with the advice and consent of the Senate of the said States, Robert 
R. Livingston, Minister Plenipotentiary of the United States, and 
James Monroe, Minister Plenipotentiary and Envoy Extraordinary of 
the said States, near the Government of the French Republic; and the 
First Consul, in the name of the French people, the French citizen 
Barbe Marbois, Minister of the Public Treasury, who, after having 
respectively exchanged their full powers, have agreed to the following 
articles : 

Art. 1. Whereas, by the article the third of the Treaty concluded 
at St. Ildefonso, (the 9th Vendemiaire, an 9,) October 1, 1800, between 
the First Consul of the French Republic and His Catholic Majesty, 
it was agreed as follows: His Catholic Majesty promises and engages 
on his part to cede to the French Republic, six months after the full 
and entire execution of the conditions and stipulations herein, relative 
to His Roj^al Highness the Duke of Parma, the Colon}^ or Province of 
Louisiana, with the same extent that it now has in the hands of Spain, 
and that it had when France possessed it; and such as it should be 
after the treaties subsequently entered into l)etween Spain and other 
States: And whereas, in pursuance of the Treat3% particularly of the 
third article, the French Republic has an incontestible title to the 
domain and to the possession of the said territory, the First Consul of 
the French Republic, desiring to give to the United States a strong 



254 PURCHASE OF THE TERRITORY OF LOUISIANA. 

proof of friendship, doth hereby cede to the said United States, in the 
name of the French Republic, for over and in full sovereignty, the 
said territory, with all its rights and appurtenances, as fully and in 
the same manner as they might have been acquired by the French 
Republic, in value of the above mentioned treaty, concluded with His 
Catholic Majest3\ 

Art. 2. In the cession made by the preceding article, are included 
the adjacent islands belonging to Louisiana, all public lots and squares, 
vacant lands, and all public buildings, fortifications, barracks, and other 
edifices, which are not private property. The archives, papers, and 
documents, relative to the domain and sov^ereignt}" of Louisana and its 
dependencies, will be left in the possession of the Commissaries of the 
United States, and copies will be afterwards given in due form to the 
magistrates and municipal ofiicers, of such of the said papers and 
documents as ma}^ be necessary to them. 

Art. 3. The inhabitants of the ceded territory shall ])e incorporated 
in the Union of the United States, and admitted as soon as possible, 
according to the principles of the Federal Constitution, to the enjoy- 
ment of all the rights, advantages, and immunities, of citizens of the 
United States; and, in the meantime, they shall be maintained and 
protected in the free enjoyment of their libert}^, property, and the 
religion which they profess,* 

Art. 4. There shall be sent by the Government of France a Com- 
missary to Louisana, to the end that he do every act necessary, as well 
to receive from the officers of His Catholic Majesty the said country 
and its dependencies in the name of the French Republic, if it has not 
been already done, as to transmit it, in the name of the French Republic, 
to the Commissary or agent of the United States. 

Art. 5. Innnediately after the ratification of the present treaty by 
the President of the United States, and in case that of the First Consul 
shall have been previously obtained, the Commissary of the French 
Republic shall remit all the military posts of New Orleans, and other 
parts of the ceded territory, to the Commissar}^ or Commissaries named 
by the President to take possession; the troops, whether of France or 
Spain, who may be there, shall cease to occupy any military post from 
the time of taking possession, and shall be embarked as soon as possible 
in the course of three months after the ratification of this treaty. 

Art. 6. The United States promise to execute such treaties and 
articles as may have been agreed between Spain and the tribes and 
nations of Indians, until, by mutual consent of the United States and 
the said tribes or nations, other suitable articles shall have been 
agreed upon. 

Art. 7. As it is reciprocally advantageous to the commerce of 

* Said to have been drawn by Napoleon himself. 



PUROHASE OF THE TERRITORY OF LOUISIANA. 255 

France and the United States, to encourage the communication of 
both nationis, for a limited time, in the country ceded by the present 
treat}', until general arrangements relative to the commerce of both 
nations n^ay be agreed on, it has been agreed between the contracting 
parties, that the French ships coming directly from France or an}' of 
her Colonies, loaded only with the produce or manufactures of France 
or her said Colonies, and the ships of Spain coming directly from 
Spain or any of her Colonies, loaded only with the produce or manu- 
factures of Spain or her Colonies, shall l)e admitted during the space 
of twelve years in the port of New Orleans, and in all other legal 
ports of entry within the ceded territory, in the same manner as the 
ships of the United States coming directh' from France or Spain, or 
any of their Colonies, without being subject to any other or greater 
duty on the merchandise, or other or greater tonnage than those paid 
b}^ the citizens of the United States. 

During the space of time above mentioned, no other nation shall have 
a right to the same privileges in the ports of the ceded territor}'. The 
twelve years shall commence three months after the exchange of rati- 
fications, if it shall take place in France, or three months after it shall 
have been notified at Paris to the French Government, if it shall take 
place in the United States; it is, however, well understood, that the 
object of the above article is to favor the manufactures, commerce, 
freight, and navigation of France and Spain, so far as relates to the 
importations that the French and Spanish shall make into the said 
ports of the United States, without in any sort affecting the regulations 
that the United States may make concerning the exportation of the 
produce and merchandise of the United States, or any right they may 
have to make such regulations. 

Art. 8. In future and forever, after the expiration of the twelve 
years, the ships of France shall be treated upon the footing of the 
most favored nations in the ports above-mentioned. 

Art. 0. The particular convention signed this day by the respective 
Ministers, having for its object to provide the payment of debts due 
to the citizens of the United States by the French Republic, prior to 
the 30th of September, 1800, (8th Vendemiaire, an 9,) is approved, 
and to have its execution in the same manner as if it had been inserted 
in the present treaty; and it shall be ratified in the same form and in 
the same time, so that the one shall not be ratified distinct from the 
other. Another particular convention, signed at the same date as the 
present treaty, relative to a definitive rule between the contracting 
parties is, in the like manner, approved, and will l)e ratified in the 
same form and in the same time, and jointly. 

Art. 10. The present treaty shall be ratified in good and due form, 
and the ratification .shall be exchanged in the space of six months after 



256 PURCHASE OF THE TERRITORY OF LOUISIANA. 

the date of the .signature by the Ministers Plenipotentiary, or sooner 
if possible. 

In faith whereof, the respective Plenipotentiaries have signed these 
articles in the French and English languages, declaring, nevertheless, 
that the present treaty was originally agreed to in the French language, 
and have thereunto put their seals. 

Done at Paris, the 10th day of Floreal, in the ilth year of the 
French Republic, and the 3(»th April, 1803. 

K. R. Livingston, 
James Monroe, 
Bakbe Marbois. 



A Convention between the United States of America and the French 

Republic. 

The President of the United States of America, and the First Con- 
sul of the French Republic, in the name of the French people, in con- 
sequence of the Treaty of Cession of Louisiana, which has been 
signed this day, wishing to regulate definitively everything which has 
relation to the said cession, have authorized, to this effect, the Plenipo- 
tentiaries, that is to say: the President of the United States has, by 
and with the advice and consent of the Senate of the said States, nom- 
inated for their Plenipotentiaries, Robert R. Livingston, Minister 
Plenipotentiary of the United States, and James Monroe, Minister 
Plenipotentiary and Envoy Extraordinaiy of the said United States, 
near the Government of the French Republic; and the First Consul of 
the French Republic, in the name of the French people, has named, 
as Plenipotentiary of the said Republic, the French citizen Barbe 
Mar})ois, who, in virtue of their full powders, which have been 
exchanged this day, have agreed to the following articles. 

Art. 1. The Government of the United States engages to pay to 
the French Government, in the manner specified in the following arti- 
cles, the sum of sixt}^ millions of -francs, independent of the sum 
which shall be fixed by any other convention for the payment of the 
debts due b}^ France to citizens of the United States. 

Art. 2. For the payment of the sum of sixty millions of francs, 
mentioned in the preceding article, the United States shall create a 
stock of eleven million two hundred and fifty thousand dollars, bearing 
an interest of six per cent, per annum, payable, half yearly, in London, 
Amsterdam, or Paris, amounting, by the half year to three hundred and 
thirty-seven thousand five hundred dollars, according to the propor- 
tions which shall be determined by the French Government, to be paid 
at either place: the principal of the said stock to be reimbursed at the 



PURCHASE OV THE TERRITORY OF LOUISIANA. 257 

Treasuiy of the Ignited States, in annual payments of not less than 
three millions of dollars each; of which the first pa^-ment shall com- 
mence fifteen 3'ears after the date of the exchange of ratifications: this 
stock shall be transferred to the Government of France, or to such 
person or persons as shall be authorized to receive it, in three months, 
at most, after the exchange of the ratifications of this treaty, and after 
Louisiana shall be taken possession of in the name of the Government 
of the United States. 

It is further agreed that, if the French Government should be desir- 
ous of disposing of the said stock, to receive the capital in Europe at 
shorter terms, that its measures, for that purpose, shall be taken so as 
to favor, in the greatest degree possible, the credit of the United States, 
and to raise to the highest price the said stock. 

Art. 3. It is agreed that the dollar of the United States, specified in 
the present convention, shall be fixed at five francs 3333-lOOOOths or 
five livres eight sous tournois. 

The present convention shall be ratified in good and true form, and 
the ratifications shall be exchanged in the space of six months, to date 
from this day, or sooner if possible. 

In faith of which, the respective Plenipotentiaries have signed the 
above articles, both in the French and English languages, declaring, 
nevertheless, that the present treaty has been originally agreed on and 
written in the French language, to which they have hereunto affixed 
their seals. 

Done at Paris, the loth day of Floreal, cle\enth year of the French 
Republic, (30th April, 1803.) 

Robert R. Livingston. 
James Monroe, 
Barbe Mabbois. 



Convention between the French Republic and the United States. 

The President of the United States of America, and the First Consul 
of the French Republic, in the name of the French people, having, by 
a treaty of this date, terminated all difficulties relative to Louisiana, 
and established on a solid foundation the friendship which unites the 
two nations, and being desirous, in compliance with the second and 
fifth articles of the convention of the 8th Vendemiaire, 9th year of the 
French Republic, (30th Sept. 1800,) to secure the payment of the sum 
due h\ France to the citizens of the United States, have respectively, 
nominated as Plenipotentiaries, that is to saj^: the President of the 
United States of America, by and with the advice and consent of their 
Senate, Robert R. Livingston, Minister Plenipotentiary, and James 

H. Doc. 431 17 



258 FUECHASE OF THE TERRITORY OF LOUISIANA. 

Monroe, Minister Plenipotentiary and Envoy Extraordinar}' of the 
said States, near the Government of the French Republic, and the 
First Consul, in the name of the French people, the French citizen 
Barbe Marbois, Minister of the Public Treasury, who, after having 
exchanged their full powers, have agreed to the following articles: 

Art. 1. The debts due by France to citizens of the United States, 
contracted before the 8th of Vendemiaire, 9th year of the French 
Eopublic, (30th September, ] 800,) shall be paid according to the fol- 
low ing regulations, with interest at six per cent., to commence from 
the periods when the accounts and vouchers w^ere presented to the 
French Government. 

Art. 2. The de])ts provided for by the preceding article are those 
w hose result is comprised in the conjectural note annexed to the present 
convention, and which, with interest, cannot exceed the sum of twenty 
raillions of francs. The claims comprised in the said note, Avhich fall 
■^vithin the exceptions of the following articles, shall not be admitted to 
the benefit of this provision. 

Art. 3. The principal and interest of the said debts shall be dis- 
charged by the United States by orders drawn by their Ministers 
Plenipotentiary on their Treasury; these orders shall be payable sixty 
days after the exchange of ratifications of the treaty and the conven- 
tions signed this day, and after possession shall be given of Louisiana 
by the Commissaries of France to those of the United States. 

Art. tt. It is expressly agreed that the preceding articles shall com- 
prehend no debts but such as are due to citizens of the United States 
who have been, and are yet, creditors of France for supplies, for 
embargoes, and prizes made at sea, in which the appeal has been j^rop- 
erh' lodged, within the time mentioned in the said convention of the 
8th Vendemiaire, 9th year, (30th September, 1800.) 

Art. 5. The preceding articles shall apply only, first, to capture of 
which the council of prizes shall have ordered restitution, it being 
well understood that the claimant cannot have recourse to the United 
States, otherwise than he might have had to the Government of the 
French Republic, and only in case of the insufficiency of the captors; 
secondly, the debts mentioned in the said fifth article of the convention 
contracted before the 8th Vendemitiire, an 9, (30th September, 1800,) 
the payment of which has been heretofore claimed of the actual Gov- 
ernment of France, and for which the creditors have a right to the 
protection of the United States. The said fifth article does not com- 
prehend prizes whose condemnation has been or shall be confirmed. 
It is the express intention of the contracting parties not to extend the 
benefit of the present convention to reclamations of American citizens, 
who shall have established houses of commerce in France, England, or 
other countries than the United States, in partnership with foreigners, 



PURCHASE OF THE TERRITORY OF LOUISIANA. 259 

and who, by tliat reason, and the nature of their commerce, ought to 
be regarded as domiciliated in the places where such houses exist. All 
agreements and bargains concerning merchandise, which shall not be 
the propert^Y of American citizens, are equally excepted from the 
benefit of the said convention; saving, howevei-, to such persons their 
claims in like manner as if this treaty had not been made. 

Art. 6. And that the different questions which may arise under the 
preceding articles may be fairly investigated, the Ministers Plenipo- 
tentiary of the United States shall name three persons, who shall act 
from the present, and provisionally, and who shall have full power to 
examine, without removing the documents, all the accounts of the dif- 
ferent claims alread}^ liquidated by the bureau established for this 
purpose by the French Republic, and to ascertain whether they belong 
to the classes designated by the present convention, and the principles 
established in it; or if the}" are not in one of its exceptions, and on 
their certificate declaring that the debt is due to an American citizen, 
or his representative, and that it existed before the 8th Vendemiaire, 
ninth year, (30th September, 1800,) the debtor shall be entitled to an 
order on the Treasury of the United States, in the manner prescribed 
by the third article. 

Art. T. The same agents shall likewise have power, without remov- 
ing the documents, to examine the claims which are prepared for 
veritication, and to certify those which ought to be admitted by unit- 
ing the necessary qualifications, and not being comprised in the excep- 
tions contained in the present convention. 

Art. 8. The same agents shall likewise examine the claims which 
are not prepared for liquidation, and certify in writing those which, 
in their judgments, ought to be admitted to liquidation. 

Art. 9. In proportion as the debts mentioned in these articles shall 
be admitted, they shall be discharged with inte?"est at six per cent, by 
the Treasury of the United States. 

Art. 10. And that no debt, which shall not have the qualifications 
above-mentioned, and that no unjust or exorbitant demand ma}" be 
admitted, the commercial agent of the United States at Paris, or such 
other agent as the Minister Plenipotentiary of the United States shall 
think proper to nominate, shall assist at the operations of the bureau, 
and co-operate in the examination of the claims; and if this agent shall 
be of opinion that any debt is not completely proved, or if he shall 
judge that it is not comprised in the principles of the fifth article 
above-mentioned, and if, notwithstanding his opinion, the bureau estab- 
lished by the French Government should think that it ought to be 
liquidated, he shall transmit his observations to the board established 
by the United States, who, without removing documents, shall make a 
complete examination of the debt, and vouchers which support it, and 



260 PURCHASE OB^ THE TERRITORY OF LOUISIANA. 

report the result to the Minister of the United States. The Minister 
of the United States shall transmit his observations, in all such cases, 
to the Minister of the Treasury of the French Republic, on whose 
report the French Government shall decide definitiveh^ in every case. 

The rejection of any claim shall have no other effect than to exempt 
the United States from the payment of it; the French Government 
reserving to itself the right to decide definitely on such claims, so far 
as it concerns itself. 

Art. 11. Every necessary decision shall be made in the course of 
a year, to conunence f ron] the exchange of ratifications, and no recla- 
mation shall l)e admitted afterwards. 

Art. 12. In case of claims for debts contracted by the Government 
of France with citizens of the United States since the 8th Vendemiaire, 
9th year, (September 30, 1800,) not being comprised in this convention, 
may be pursued, and the payment demanded in the same manner as if 
it had not been made. 

Art. 13. The present convention shall be ratified in good and due 
form, and the ratifications shall be exchanged in six months from the 
date of the signature of the Ministers Plenipotentiary, or sooner, if 
possible. 

In faith of which, the respective Ministers Plenipotentiary have 
signed the above articles, both in the French and English languages, 
declaring, nevertheless, that the present treaty has been originally 
agreed on and written in the French language, to which the}' have 
hereunto afiixed their seals. 

Done at Paris, the lOth day of Floreal, the 11th year of the French 
Republic, (30th of April, 1803.) 

RoBT. R. Livingston, 
.Tames Monroe, 
Barbe Marbois. 



[Extract.] 

Mr. Madison to Mr. Monroe. 

Department of State, October 2Ji,^ 1H03. 

Sir: 1 have received from you letters of the following dates, written 
after your arrival in London, viz: the l!»th, 20th, and 20th of July, 
and the 11th and 15th of August. 

I have the pleasure to inform you that the treaty for Louisiana has 
been ratified in form, and is now before both Houses for the legislative 
provisions necessary with respect to the stock, to taking possession, 
and to governing the country. ThiM'c is no doubt that they will be 
made by very large majorities. 



PURCHASE OF THE TERRITORY OF LOUISIANA. 261 

It will be agreeable to you to know that the ratifications were 
exchanged by M. Pichon and myself, unshackled by any condition or 
modification whatever. The note from me to him, with his reply, of 
which copies are enclosed, will show the turn and issue of our consul- 
tations on that point. 

The information from Paris, enclosed in j^our letter of the 15th of 
August, had been previously received here from the same source, and 
was followed by full proof of the discontent of Spain at the transfer of 
Louisiana to the United States, in a formal protest against it from 
the Spanish Minister here, in pursuance of orders from his Govern- 
ment. You will find herewith copies of his correspondence with this 
Department, and of my letters to Mr. Livingston and Mr. Pinckney, 
and of M. Pichon's to me on this subject; all of which were included 
in the communications to the Senate. These documents will put you 
in j)ossession of all that has passed, as well as of the present posture 
of the business. It remains to be seen how far Spain will persist in 
her remonstrances, and how far she will add to them resistance by 
force. Should the latter course l)e taken, it can lead to nothing but 
a substitution of a forcible for a peaceable possession. Having now a 
clear and honest title, acquired in a mode pointed out by Spain herself, 
it will, without doubt, be maintained with a decision becoming our 
national character, and required by the importance of the object. 
I have the honor, &c., 

Jamks Madison. 

Jajhes Monroe, Esq. 



President Jefferson to M. Dupont De Nemours. 

Washington, No'wriiber 1, 1803. 
My Dear Sir, — Your favors of April the 6th, and June the 2Tth, 
were duly received, and with the welcome which everything brings 
from you. The treaty which has so happily sealed the friendship of 
our two countries, has been received here with general acclamation. 
Some inflexible federalists have still ventured to brave the public opin- 
ion. It will fix their character with the world and with posterity, who, 
not descending to the other points of difference between us, will judge 
them by this fact, so palpable as to speak for itself in all times and 
places. For myself and my country, I thank you for the aids you 
have given in it; and I congratulate you on having lived to give those 
aids in a transaction replete with blessings to unborn millions of men, 
and which will mark the face of a portion on the globe so extensive as 
that which now composes the United States of America. It is true 
that at this moment a little cloud hovers in the horizon. The govern- 
ment of Spain has i)rotested against the right of France to transfer; 



262 PLTRCHASE OF THE TERRITORY OF LOUISIANA. 

and it is possible she may refuse possession, and that this may bring on 
acts of force. But against such neighbors as France there, and the 
United States here, what she can expect from so gross a compound of 
folly and false faith, is not to be sought in the book of wisdom. She 
is afraid of her enemies in Mexico; but not more than we are. Our 
policy will be, to form New Orleans, and the country on both sidles of 
it on the Gulf of Mexico, into a State; and, as to all above that, to 
transplant our Indians into it, constituting them a Marechaussee to 
prevent emigrants crossing the river, until we shall have tilled up all 
the vacant country on this side. This will secure both Spain and us as 
to the mines of Mexico, for half a century, and we may safely trust 
the provisions for that time to the men who shall live in it. * * * 



President Jefferson to Mr. Livingston. 

Washington, Novemher ^, 1803. 

Dear Sir, — A report reaches us this day from Baltimore, (on prob- 
able, but not certain grounds,) that Mr. Jerome Bonaparte, brother 
of the First Consul, was 3"esterday married to Miss Patterson, of that 
city. The effect of this measure on the mind of the First Consul, is 
not for me to suppose; but as it might occur to \n\i\ prima facie ^ that 
the Executive of the United States ought to have prevented it, I have 
thought it advisable to mention the subject to you, that, if necessary, 
you may by explanations set that idea to rights. You know that by 
our laws, all persons are free to enter into marriage, if of twenty-one 
years of age, no one having a power to restrain it, not even their 
parents; and that under that age, no one can prevent it but the parent 
or guardian. The lady is under age, and the parents, placed between 
her affections, which were strongly lixed, and the considerations 
opposing the measure, yielded with pain and anxiety to the former. 
Mr. Patterson is the President of the Bank of Baltimore, the wealth- 
iest man in Maryland, perhaps in the United States, except Mr. Car- 
roll; a man of great virtue and respectability; the mother is the sister 
of the lady of General Samuel Smith; and, consequently, the station of 
the family in society is with the first in the United States. These cir- 
cumstances fix rank in a country where there are no hereditary titles. 

Your treaty has obtained nearly a general approbation. The fed- 
eralists spoke and voted against it, but they are now so reduced in 
their numbers as to be nothing. The question on its ratification in the 
Senate was decided hy twent3"-four against seven, which were ten 
more than enough. The vote in the House of Representatives for 
making provision for its execution was carried by eighty-nine against 
twent3'-three, which was a majority of sixty-six, and the necessary 
bills are going through the Houses by greater majorities. Mr. Pichon, 



PURCHASE OF THE TERRITORY OF LOUISIANA. 263 

according to instructions from his government, proposed to have 
added to the ratification a protestation against any failure in time or 
other circumstances of execution, on our part. He was told, that in 
that case we should annex a counter protestation, which would leave 
the thing exactly where it was. That this transaction had been con- 
ducted, from the commencement of the negociation to this stage of it, 
with a frankness and sincerity honorable to both nations, and comfort- 
able to the heart of an honest man to review; that to annex to this 
last chapter of the transaction such an evidence of mutual distrust, 
was to change its aspect dishonoral)ly for us both, and contrar}^ to 
truth as to us; for that we had not the smallest doubt that France 
would punctually execute its part; and 1 assured Mr. Pichon that I 
had more confidence in the word of the First Consul than in all the 
parchment we could sign. He saw that we had ratified the treaty; 
that both branches had passed, by great majorities, one of the l)ills for 
execution, and would soon pass the other two; that no circumstances 
remained that could leave a doubt of our punctual performance; and 
like an able and an honest minister, (which he is the highest degree,) he 
undertook to do what he knew his employers would do themselves, wero 
they here spectators of all the existing circumstances, and exchan^ ed 
the ratifications purely and simply: so that this instrument goes to tne 
world as an evidence of the candor and confidence of the nations in 
each other, which will have the best effects. This was the more 
justifiable, as Mr. Pichon knew that Spain had entered with us a 
protestation against our ratification of the treaty, grounded, first, 
on the assertion that the First Consul had not executed the- condi- 
tions of the treaties of cession; and, secondly, that he had broken a 
solemn promise not to alienate the country to any nation. We 
answered, that these were private questions between France and 
Spain, which they must settle together; that we derived our title 
from the First Consul, and did not doubt his guarantee of it; and we, 
four days ago, sent off* orders to the Governor of the Mississippi 
territory and General Wilkinson to move down with the troops at 
hand to New Orleans, to receive the possession from Mr. Laussat. 
If he is heartily disposed to carry the order of the Consul into execu- 
tion, he can probably command a volunteer force at New Orleans, 
and will have the aid of ours also, if he desires it, to take the posses- 
sion, and deliver it to us. If he is not so disposed, we shall take the 
possession, and it will rest with the government of France, by adopt- 
ing the act as their own, and obtaining the confirmation of Spain, to 
supply the non-execution of their stipulation to deliver, and to entitle 
themselves to the complete execution of our part of the agreements. 
In the meantime, the Legislature is passing the bills, and we are pre- 
paring everything to be done on our part towards execution; and we 
shall not avail ourselves of the three months' delay after possession of 



204 PURCHASE OF THE TERRITORY OF LOUISIANA. 

the province, allowed 1)}" the treaty for the deliver}^ of the stock, but 
shall deliver it the moment that possession is known here, which will 
be on the eighteenth day after it has taken place. * * * 



Mr. Madison to Mr. Marbois. 

Dep'of State, Noif I^, 1803. 

Sir, — I received j'our favor of the 21 prairial, with a pleasure which 
is redoubled ))v the consideration that 1 am a})le, in acknowdedging it, 
to inform you of the formal approbation of the late Treaty, and 
by everj^ l^ranch of our Government. The event estab- 
lishes, I hope forever, perfect harmony between the two Countries. 
It is the more likely to do so, as it is founded in a policy, coeval with 
their political relations, of removing as much as possible all sources 
of jealousy and collision. The frankness and uprightness which 
marked the progress of this transaction are truly honorable to all con- 
cerned in it; and it is an agreeable circumstance that, in the exchange 
of ratifications, it was closed in the same spirit of mutual confidence, 
Mr. Pichon inferring, doubtless with the truest reason, that an 
unqualified exchange, under actual circumstances, would best accord 
with the real views of his Government. 

It remains now to compleat the work by an honest execution of the 
mutual stipulations. On our part, the sequel will certainly corre- 
spond with the good faith and promjDt arrangements thus far pursued; 
and full reliance is placed on the reciprocal disposition of your Gov- 
ernment, of which so many proofs have been seen. 

The interposition of Spain is an incident not more unexpected than 
it is unreasonable. It is to be wished that it ma}^ terminate without 
anj'^ serious consequences, even to herself. Whatever turn it may 
take, the honor of the French Government guaranties the object at 
which our measures are pointed; and the interest of France will equally 
lie in making the fruits of these measures hers, as well as ours. 



Mr. Madison to Mr. Livingston. 

Departmp:nt of State, November 9, 1803. 
Sir; In my letter of the 22d ultimo, I mentioned to 3'ou that the 
exchange of the ratifications of the treaty and conventions with France, 
had taken place here, unclogged with any conditions or reserve. Con- 
gress has since passed an act to enable the President to take possession 
of the ceded territory, and to establish a temporary Government 
therein. Other acts have ])een passed for complying with the pecuni- 
ary stipulations of those instruments. The newspapers enclosed will 
inform you of these proceedings. 



PURCHASE OF THE TERRITORY OF LOUISIANA. 265 

B}' the post which left this cit}^ for Natchez on Monday last, a joint 
and several commission was forwarded to Governor Claiborne and 
General Wilkinson, authorizino^theni to receive possession of and occupy 
those territories, and a separate commission to the former as tem- 
porar}^ Governor. The possibilit}" suggested, by recent circumstances, 
that delivery mav l)e refused at New Orleans on the part of Spain, 
required that provision should be made as well for taking as receiving 
possession. Should force be necessary, Governor Claiborne and Gen- 
eral Wilkinson will have to decide on the practicability of a eoup de 
main without waiting for the reinforcements, which will require time 
on our part, and admit of preparations on the other. The force pro- 
vided for this object is to consist of the regular troops near at hand, as 
man}' of the militia as may be requisite, and can l)e drawn from the 
Mississippi Territory, and as many volunteers from anj' quarter as can 
be picked up. To them will be added 500 mounted militia from Ten- 
nessee, who, it is expected, w^ill proceed to Natchez with the least 
possible delaj'. 

M. Pichon has, in the strongest manner, pressed on M. Laussat, 
the French Commissary appointed to deliver possession, the necessity 
of co-operating in these measures of compulsion, should they prove 
necessary by the refusal of the Spanish officers to comply without 
them. On the 8th of October it was not known, and no indications 
have been exhibited at New Orleans, of a design , on the part of Spain, 
to refuse or oppose the surrender of the province to France, and 
thereby to us. With high respect and consideration, c'cc. 

James Madison, 
Robert R. Livingston, Esq. 

P. S. — The President approves of the individuals appointed as com- 
missioners to liquidate the claims payable under the convention of the 
30th of April last. But as it now appears that difficulties have arisen, 
and are likel}' to increase, respecting the true construction of that 
instrument, and especially as it seems more than possible that the 
twenty millions allotted for the payments to be made under it, may be 
insufficient to cover all which, in equity, and by a sound interpretation, 
ought to be included, it is the desire of the President you apply to the 
French Government for its consent to suspend the issuing of any 
drafts upon the awards which may be given, until it is ascertained 
whether the twenty millions be sufficient or not, and with a view to 
give time for such nmtual explanations and arrangements as may tend 
to effectuate the true spirit and object of the convention. In taking 
this step, you will refer yourself to the further communications yon 
are to expect from your Government upon the subject; the applica- 
tion you may make upon it to that of France being intended only as a 
preliminaiy to a further development. 



2()6 PURCHASE QF THE TERRITORY OF LOUISIANA. 

Mr. Livingston to Mr. Madison. 

Paris, Novemher 15, 1803. 

Sir: I have only within the.se few days been honored by your letter 
to nie of the l^Dth fruly, b\' way of Hamburg-, tog-ether with one of 

the same date to Mr. Monroe, which I have sent to him by Mr. , an 

American gentleman, by the way of Holland, none more direct offer- 
ing- here, as tbe intercourse is very strictly forbidden. I shall make 
the connnunication you direct, of Mr. Pichon's note, and your repl}^ 
relative to th(^ flag of the Italian Republic. It appears to me, how- 
ever, that this notice rather recommends than supersedes the propriet}" 
of a direct recog-nition of the First Consul, and the compliment of a 
commission, upon the principle I have mentioned; but of this, the 
President is the best judge. The letters you have received since the 
date of yours, you will find have anticipated your direction relative 
to information on the subject of West Florida, .since they refer to 
documents and historic facts that it will be easy to adduce. As I pre- 
sume 3'ou will have no trouble on this ground, I do not think it neces- 
sary to put you to the expense of procuring- original papers. Should 
it happen otherwise, I shall obey your orders; and if any negotiation 
is necessary at Madrid, I shall transmit to Mr. Pinckney all the proofs 
I can collect; and I think they will be too numerous to admit of doubt, 
especially taken in connexion with the letter of the Spanish Minister 
to Mr. Pinckney, of which a copy has been transmitted to you. The 
moment is so favoral)le for taking- possession of that country, that I 
hope it has not been neglected even though a little force should be 
necessar}^ to effect it. Your Minister must find the means to justify it. 

I have seen, as you mention, a publication of my memoir on the 
subject of Louisiana. But, as it is not an official paper, as it is not 
signed or delivered in my public character, I do not see that it can 
ever be noticed on this side of the water as such; besides that, there 
is nothing- in it relative to Britain that has not been told them officially 
by our Government and b}^ almost every maritime Power in Europe, 
on the subject of their vexations at sea. Nor can they blame any 
endeavor of mine to effect the objects of my country, by such argu- 
ments as I thought would have weight here. It could hardly be 
expected that this paper could be secret; since, as I informed you at 
the time, I had delivered printed copies of it, not only to the First and 
other Consuls, and to the French Ministers, but to most of those per- 
sons who I believed would be consulted upon the occasion. A few 
were also sent to America, with injunctions, however, not to publish 
them. I am very sorry a bad translation of it has found its way into 
the papers, though it may serve, in some measure, to justif}^ the Presi- 
dent's appointment of me, by showing- that I had not been inattentive 
to the great interests of my country. The zeal of our friends often 



PURCHASE OF THE TERRITORY OF LOUISIANA. 267 

carries them too I'ar. Some of them, lindhi^- that ]Mr. Monroe was 
appointed (through circumstances which you have done me the honor 
to explain, but which they could not know) with a higher grade than 
mj^self ; seeing him only mentioned in the newspapers, as the acting 
Minister; and finding some endeavor here to impress a belief that he 
was the principal agent in treating with France; it was natural that 
they shoidd feel some mortitication, and endeavor to do me the justice 
they know I was entitled to. This may apologize for, I mean not l)y 
it to justify, their imprudence. There is another, on the part of Mr. 
Monroe's friends, which I should not mention, but that it carries with 
it a circumstance for which I may be under the necessity of apologiz- 
ing to the President, should my private letter to Mr. Monroe have 
reached the United States; since it argues a diflerence of sentiment 
upon an important point, which 1 fear will be laid hold of by our com- 
mon enemies. I have, in my former letter, informed you of M. Tal- 
leyrand's calling upon me previous to the arrival of Mr. Monroe, for 
a proposition for the whole of Louisiana; of his afterwards trilling 
with me, and telling me that what he had said was unauthorized. This 
circumstance, for which I have accounted to 3'ou in one of my letters, 
led me to think, though it afterwards appeared without reason, that 
some change had taken place in the determination which I knew the 
Consul had before taken to sell. 1 had just then received a line from 
Mr. Monroe, informing me of his arrival. 

I wrote to him a hasty answer, under the influence of ideas, excited 
by these prevarications of the Minister, expressing the hope that he 
had brought information that New Orleans was in our possession; 
that I hoped our negotiation might be successful; but that, while I 
feared nothing but war would avail us anything, I had paved the way 
for him. This letter is very imprudently shown and spoken of by 
Mr. Monroe's particular friends, as a proof that he had been the prin- 
cipal agent in the negotiation. So far, indeed, as it ma}' tend to this 
object, it is of little moment; because facts and dates are too well 
known to be contradicted. For instance, it is known to everybody 
here that the Consul had taken his resolution to sell previous to Mr. 
Monroe's arrival. It is a fact well known that M. Marbois was author- 
ized, informally, by the First Consul, to treat with me before Mr. 
Monroe reached Paris; that he actually made me the very proposition 
we ultimately agreed to, before Mr. Monroe had seen a Minister, except 
M. Marbois, for a moment, at my house, where he came to make the 
proposition: Mr. Monroe not having been presented to M. Talle3a'and, 
to whom I introduced him the afternoon of the next day. All, then, 
that remained to negotiate, after his arrival, was a diminution of the 
price; and in this our joint mission was unfortunate; for we came up, 
as soon as Mr. Monroe's illness would suffer him to do business, after 
a few days' delay, to the Minister's offers. There is no doubt that 



268 PURCHASE OF THE TERRITORY OF LOUISIANA. 

Mr. Monroe's talents and address would have enabled him, had he been 
placed in my circumstances, to have effected what I have done. But 
he unfortunately came too late to do more than assent to the proposi- 
tions that were made to us, and to aid in reducing them to form. I 
think he has too much candor not to be displeased that his friends 
should publicly endeavor to depreciate me by speaking of a private 
letter, hastily written, under circumstances of irritation, with which 
Mr. Monroe is fully acquainted; a letter, too, which may contribute 
in two waj's to advance the views of the enemies of the Administra- 
tion. It is in this light only that it gives me pain. First, it shows 
that it was my sentiment, founded upon the knowledge I nmst have 
been supposed to possess of the temper of this Court, and the state of 
things here, that we should have availed ourselves of the circumstance 
of the denial of the right of depot to possess New Orleans. That this 
was my sentiment, 1 confess; and you have found, by my notes, that I 
labored to impress this Government with a belief that it would be 
done. And I have every reason to think that the treaty woukl have 
been concluded in March, had not M. Pichon's letter, at the moment, 
contradicted my suggestion on this subject. 

As the President's views have been happily more correct than mine; 
as he has effected, without this harsh measure, his great object; it cer- 
tainl}' is not advisable to publish that we differed in sentiment; and 
introduce discussions on the comparative advantages that might be 
derived from the one or the other mode of proceeding. The next 
point in which the letter ma}^ do harm, is in authorizing an opinion, 
which the enemies of the Administration are most zealous in pro- 
moting, viz: that no credit is due either to the President or his Minis- 
ters, since the war only produced the measure. The war, doubtless, 
had its effect upon tlie First Consul; ])ut it is equally true that every 
person he consulted had long before been convinced, and even the 
Consul's opinion shaken, and I will venture to sa}^ by my means, of 
the little advantage France would derive from the possession of that 
country; and he had even, as I have before informed you, through 
Joseph Bonaparte, given me assurances that such arrangements should 
be made as we should approve. The not selling was a sort of personal 
point of honor, particularly as he was bound l»y the express stipula- 
tion of his treaty Avith Spain not to do so. Nor, until he found him- 
self hampered l)y another personal consideration, to wit, his promise 
to pay the American claims, which I had purposely published, could 
he bring himself to take the step which the prospect of war and the 
spirited measures of our Government, among which I number the 
special mission of Mr. Monroe, gave him the strongest apology for 
doing; particularly as, in case of war, he had no other means of keep- 
ing his word with us. Thus, sir, you see that it is very difficult for 
the most prudent man to restrain the ill-judged zeal of his friends; and 



PURCHASE OF THE TERRITORY OF LOUISIANA. 269 

I dare say that Mr. Monroe will as sincerel}" lament that of his friends, 
who, indeed, ought not to have seen a mere private letter, as 1 do that 
of the gentleman that I suspect to have occasioned the publication 
which 3'ou so justly blame. 

Having had the goodness, sir, to correct one of the errors of the 
clerk that gave me some cause of complaint, I must notice another which 
added to ni}" doubts of success at the moment I wrote to Mr. Monroe. 
In the copy of our joint instructions which 3^ou had forwarded to me, 
the ultimatum that we were limited to was thirty millions, out of 
which the American claims were to be paid. Now, I was satisfied that, 
if Mr. Monroe, on his arrival, should adhere to this, our prospect of 
success was not very great; since ten millions in cash to the Govern- 
ment was an object of but little moment. More might have been got 
from Spain by a transfer. On looking over, however, the original 
instructions, of which Mr. Monroe was the bearer, I found that we 
were authorized to give fift}" millions for New Orleans and the Flori- 
das; so that we could, without, too, an extraordinary assumption of 
powers, go to the price they expected for Louisiana. 

I have applied to M. Talleyrand on the subject of East Florida, 
thinking the moment favorable for making the acquisition. I have 
endeavored to alarm him and Spain about the danger that will result 
to Spain and France if England takes possession of the ports on the 
Gulf; and I have obtained from him a positive promise that this Gov- 
ernment shall aid any negotiation that may be set on foot for its pur- 
chase. I have written on this subject to Mr. Pincknev, and advised 
him to open his negotiation by reiterating this argument, and by mak- 
ing some offer of payment in American stocks. 1 shall inform Mr. 
Monroe of these circumstances, and Avill forward for him anj^ instruc- 
tions he nia}^ choose to send to Mr. Pinckney. 
I am, &c., 

KOBEKT R. LlVIN(iSTOX. 

Hon. James Madison, 

Secretary of Stcfi'. 



[Extract.] 

Mr. Madison to Mr. Livingston. 

Department of State, January Jl^ ISOJ4.. 
Sir: The two last letters received from you bear date on the — and 
80th September; so that we have been now four months without hear- 
ing from you. The last from me to 3'ou was dated on the lOth day of 
January, giving you information of the transfer of Louisiana, on the 
20th December, by the French Commissioner, ]NL Lau.ssat, to Gov- 
ernor Claiborne and General Wilkinson, the Commissioners appointed 



270 PURCHASE OF THE TERRITORY OF LOUISIANA. 

on the part of the United States to receive it. The letters subsequent 
to that date from Governor Claiborne, who is charged with the pres- 
ent administration of the ceded territor}^ show that the occupancy by 
our troops of the military posts on the island of New Orleans, and on 
the western side of the Mississippi, was in progression; and that the 
state of things, in other respects, was such as was to be expected from 
the predisposition of the bulk of the inhabitants, and the manifest 
advantages to which the}'^ have become entitled as citizens of the United 
States. A bill providing for the government of the territor}^ has been 
some time under the deliberation of the Senate, but has not yet passed 
to the other branch of the Legislature. The enclosed copy shows the 
form in which it was introduced. Some alterations have already been 
made, and others ma}' be presumed. The precise form in which it will 
pass can not, therefore, be foreknown; and the less so as the peculiar- 
ities and difficulties of the case give rise to more than the ordinary' 
differences of opinion. It is pretty certain that the provisions gener- 
ally contemplated will leave the people of that district, for a while, 
without the organization of power dictated by the republican theory; 
but it is evident that a sudden transition to a condition so much in con- 
trast with that in which their ideas and habits have been formed, would 
be as unacceptable and as little beneficial to them as it would be diffi- 
cult for the Government of the United States. It may fairly be 
expected that every blessing of liberty will be extended to them as 
fast as they shall be pi-epared and disposed to receive it. In the mean- 
time, the mild spirit in which the powers derived from the Govern- 
ment of the United States will, under its superintendence, be adminis- 
tered, the parental interest which it takes in the happiness of those 
adopted into the general family, and a scrupulous regard to the tenor 
and spirit of the treaty of cession, promise a continuance of that satis- 
faction among the people of Louisiana which has thus far shown itself. 
These observations are made that j^ou may be the better enabled to 
give to the French Government the explanations and assurances due 
to its solicitude in behalf of a people whose destiny it has committed 
to the justice, the honor, and the policy of the United States. 

It does not appear that, in the deliver}^ of the Province b}' the Span- 
ish authorities to M. Laussat, anything passed denoting its limits, 
either to the east, the west, or the north; nor was any step taken by 
M. Laussat, either whilst the Province was in his hands, or at the time 
of his transferring it to ours, calculated to dispossess Spain of any part 
of the territory east of the Mississippi. On the contrar}^, in a private 
conference, he stated positively that no part of the Floridas was 
included in the eastern boundary; France having strenuously insisted 
to have it extended to the Mobile, which was peremptoril}' ruf used by 
Spain. 

We learn, from Mr. Pinckne}^, that the Spanish Government holds the 



PURCHASE OF THE TERRITORY OF LOUISIANA. 271 

same language to him. To the declaration of M. Laussat, however, 
we can oppose that of the French Minister, made to you, that Louisi- 
ana extended to the river Perdido: and to the Spanisli Government, 
as well as to that of France, we can oppose the treaty of St. Ildef onso, 
and of September 30, 1803, interpreted by facts and fair inferences. 
The question with Spain will enter into the i)roceedings of Mr, Mon- 
roe, on his arrival at Madrid, whither he will be instructed to repair 
as soon as he shall have executed at London the instructions lately 
transmitted to him in relation to the impressment of seamen from 
American vessels, and several other points which call for just and 
stipulated arrangements between the two countries. As the question 
relates to the French Government, the President relies on your pru- 
dence and attention for availing yourself of the admission, bv M. Mar- 
bois, that Louisiana extended to the river Perdido, and for keeping 
the weight of that Government in our scale against that of Spain. 
With respect to the western extent of Louisiana, M. Laussat held a 
language more satisfactory. He considered the Rio Bravo or Del 
Norte, as far as the thirtieth degree of north latitude, as its true 
boundary" on that side. The northern boundary, we have reason to 
believe, was settled between France and Great Britain by Commis- 
sioners appointed under the Treaty of Utrecht, who separated the 
British and French territories west of the Lake of the Woods by the 
forty-ninth degree of latitude. In support of our just claims in all 
these cases, it is proper that no time should be lost in collecting the 
best proofs which can be obtained. This important object has already 
been recommended generally to your attention. It is particularly 
desirable that you should procure an authenticated copy of the com- 
mercial charter granted by Louis XIV. to Crozat, in 1712, which gives 
an outline to Louisiana favorable to our claims, at the same time that 
it is an evidence of the highest and most unexceptionable authority. 
A copy of this charter is annexed to the English translation of Joutel's 
Journal of La Salle's voyage, the French original not containing it. 

A record of the charter doubtless exists in the archives of the French 
Government; and it may be expected that an attested copy will not be 
refused to you. It is not improbable that the charter, or other docu- 
ments relating to the Mississippi project, a few 3'ears after, may afford 
some light, and be attainable from the same source. The proceedings 
of the Commissioners under the Treat}- of Utrecht will merit particular 
research, as they promise not only a favorable northern boundary, but 
as they will decide an important question involved in a convention of 
limits now depending between the United States and Great Britain. 
To these ma}^ be added whatever other documents may occur to your 
recollection or research, including maps, &c. If the secret treaty of 
Paris, in lT62-'3, between France and Spain, and an entire copy of 
that of St. Ildefonso, in 1800, can be obtained, they may also be useful. 



272 PURCHASE OF THE TERRITORY OF LOUISIANA. 

An authentication of the precise date, at least, of the former is very 
important. Yon will be sensible of the propriety of putting Mr. 
Monroe in possession of all the proofs and information which you may 
obtain. Should he take Paris in his way to Madrid, you will have the 
best of opportunities for the purpose. 

In my letter of the 9th of November last 1 communicated the ideas 
entertained by the President, with respect to the pecuniary provision 
in the last convention with France in behalf of our citizens. It is pre- 
sumed that you will have found no difficulty in obaining the concur- 
rence of the French Government in suspending drafts in favor of any 
until the claims of all shall liavo been ascertained. Should the sum of 
three million seven hundred and tifty thousand dollars be insufficient 
for the payment of all, as becomes daily more probable, the least that 
ought to be attempted will be an apportionment of it among them. 
Perhaps more than this may now be attended with great difficulty; 
although it is clear that the patronage of theCjovernmentof the United 
States is due, on prior considerations, more to some classes of the 
claimants than to others; to those, for example, whose property was 
wrongfully taken on the high seas by force, than to those who, by 
voluntary contracts, placed a confidence in the French Government, 
which was disappointed. It seems requisite, nevertheless, that some 
effort should be made in behalf of those whose claims were embraced 
by the convention of September 30th, 1800, and not provided for by 
that of April 30th, 1803. 

With this view, the President thinks it proper that you should 
adjust with the French Government a provision for comprehending in 
the convention of 1803 the claims still remaining under the convention 
of 1800; and for apportioning the money payable at the Treasurj^ of 
the United States among the claimants under both; as the object next 
to be pursued, a provision for apportioning among the whole, tde 
money so pa3^able, and also the balance chargeable on France, accord- 
ing to the tenor of the last convention. Or, as the object next in order, 
a provision for apportioning, among the whole, the money payable at 
the Treasury' of the United States, leaving to the claimants under the 
last convention the balance from France to which it entitles them; or, 
lastly, a provision for apportioning among the claimants under the 
last convention the money so payable, instead of paying it in the order 
of .settlement, or according to any other rule of preference. 

The lirst arrangement takes for granted that France considers her- 
self bound, notwithstanding the last convention, to satisfy all the 
claims provided for by the first convention, permitted by the last. 
The supposition is founded on several expressions and implications of 
its text, as the head of the fifth article, "all agreements," &c., and 
particularly in the closing words of article tenth; and with respect to 
debts, the provision is express in article twelve. This construction is 



PURCHASE OF THE TERKITORy OF LOUISIANA. 273 

the more reasonable also, inasmuch as the reciprocal stipulatiSTTof the 
convention of 1800, in this particular, were carried into immediate and 
full effect on the part of the United States; and as a contrary con- 
struction would impljr the relinquishment, without equivalent, of 
vested rights never formally contested by France. 

Should France, however, be unlikely to admit her responsibility for 
the pretermitted, claims, and thei'e be danger that, b}^ urging her respon- 
sibility at this time, an equitable modification of any sort may be ren- 
dered more difficult, it will be best to pass over the question for the 
present, taking care that no waiver be made which ma,y either still 
further weaken the claims against France, or give color for turning 
them over against the United States. 

Neither of the succeeding alternatives will increase the balance pay- 
able b}^ France, nor is it contemplated that in these or any other 
modifications whatever, the Treasurv of the United States is to be 
made chargeable with more than three million seven hundred and 
fift}' thousand dollars; or rather, with more than so much of that sum 
as would satisf}' the debts to which it is subjected by the last con- 
vention. 

The object of each of the proposed modifications is to distribute what- 
ever is to bo paid by the United States and by France among all the 
claimants, as well those omitted as those included in the last convention; 
and in such a manner that every claimant of both descriptions shall 
receive a fair proportion from the Treasur}^ of the United States, as 
well of the balance to be paid b}- France. 

The claimants who were provided for in the last convention can not 
justly complain of any arrangement that will replace on the same foot- 
ing with themselves their fellow-claimants left by the last, under the 
first convention, as being a retrospective measure working a disadvan- 
tage to them. The retrospective proceeding will be found to lie in the 
last convention, so far as it is advantageous in its operation, to those 
claiming under the first only. An act superseding a retrospective act 
is not itself retrospecti^'e. The effect of it is to restore and enforce 
the original rule of justice. 

Should the French Government refuse to concur in any proposition 
that will restore the latitude given to claims as defined by the first 
convention, and which is narrowed and obscured l)y the text of the 
last, it will be proper to settle with the Government, if it can be done, 
such a construction of this text as will be most favorable to all just 
claims, particularly those for freights, indemnities, propert}^ put in 
requisition, and the separate property of individuals who are concerned 
in the disqualifying partnerships mentioned in the convention, which 
are said to be threatened with rejection by the board at Paris. It is 
to be kept in view, however, that in case the whole sum of three 
million seven hundred and fifty thousand dollars should not be absorbed 

H. Doc. 431 18 



274 rURCHASK of the TEKKITOHY OF LOUISIANA. 

by the construction of the ])oard, the construction settled with the 
French Government is not to enhirye the sum to be paid by the Treas- 
ury of the United States beyond that to which the Treasury would be 
made liable 1)}" the construction of the board. 

It will occur to you that, in case the field of claims should ])e enlarged, 
the time for presentint^- and settling them ought to l)e lengthened. You 
can yourself best decifle how far a prolongation of the time necessary 
for the claims now admissible ])efore the board may be necessar}-, and 
ought to be attempted. 

There is reason to believe that not a few t)f this description are yet 
to l)e forwarded from this side the Atlantic. 
I have the honor to be, &c., 

James Madison. 

Robert li. Livingston, Ks{\. 



President Jefferson to Dr. Priestley. 

Washington, Jaitaary 29, ISOJ^. 
I very early saw that Louisiana was indeed a speck in our horizo i 
which was to burst in a tornado; and the public are unapprized how 
near this catastrophe was. Nothing but a frank and friendly develop- 
ment of causes and efi'ects on our part, and good sense enough in Bona- 
parte to see that the train was unavoidable, and would change the face 
of the world, saved us from the storm. I did not expect he would 
yield till a war took place l)etweer France and England, and my hope 
was to palliate and endure, if Messrs. Ross, Morris, &c. did not force 
a premature rupture, until that event. I believed the event not very 
distant, ]>ut acknowledge it came on sooner than I had expected. 
Whether, however, the good sense of Bonaparte might not see the 
cour8(* predicted to ])e necessary and unavoidable, even before a wai* 
should ])e imminent, was a chance which we thought it our dut}^ to try; 
but th(> immediate prospect of rupture Ijrought the case to immediate 
decision. The denoninent has been happy; and I confess Hook to this 
duplication of area for the extending a government so free and eco- 
nomical as ours, as a great achievement to the mass of happiness which 
is to ensue. Whether we remain in one confederacy, or form into 
Atlantic and Mississippi confederacies, 1 believe not very important to 
the happiness of either part. Those of the western confederacy will 
be as nuich our children and descendants as those of the eastern, and 
I feel myself as nuich identified with that country, in future time, as 
with this; and did I now foresee a separation at some future day, yet 
I should fe(d the duty and the desire to promote the western interests 
as zealously as the eastern, doing all the good for both portions of our 
future family which should fall within my power. 



PURCHASE OF THE TERRITORY OF LOUISIANA. 275 



President Jefferson to Wm. Dunbar. 

Washington, Jlairh 13, I8OI1,. 
In the first visit, after receiving the treaty, which I paid to Monti- 
cello, which was in August, I availed myself of what 1 have there, to 
investigate the limits. While I was in Europe, 1 had purchased every- 
thing I could lay my hands on which related to any part of America, 
and particularly had a pretty full collection of the English, French 
and Spanish authors, on the subject of Louisiana. The information I 
got from these was entirely satisfactory, and I threw it into a shape 
which would easily take the form of a memorial. I now enclose you 
a copy of it. One single fact in it was taken from a publication in a 
newspaper, supposed to be written by Judge Bay, who had lived in 
West Florida. This asserted that the country from the Iberville to 
the Perdido was to this clay called Louisiana, and a part of the gov- 
ernment of Louisiana. I wrote to you to ascertain that fact, and 
received the information you were so kind as to send me; on the. 
receipt of which, I changed the form of the assertion, so as to adapt 
it to what I suppose to be the fact, and to reconcile the testimony I 
have received, to-wit, that though the name and division of West 
Florida have been retained; and in strictness, that countr}^ is still 
called by that name; yet it is also called Louisiana in common par- 
lance, and even in some authentic public documents. 



Mr. Madison to Mr. Livingston. 

Department of State, March 31^ 1801^. 

Sir: Since my acknowledgment of 3' ours of October 20 and 31, I 
have received those of 2d, 15th, and 23d, November, and 11th December. 

In mine of January 31, I informed you that Louisiana had been 
transferred by the French Commissioner to our Commissioners on the 
2()th of December; that nothing had officially passed on the occasion 
concerning the boundaries of the ceded territory; but that M. Laussat 
had confidentially signified that it did not comprehend an}' part of 
West Florida; adding, at the same time, that it extended westwardl}^ 
to the Rio Bj-avo, otherwise called Rio del Norte. Orders were accord- 
ingly obtained from the Spanish authority for the delivery of all the 
posts on the west side of the Mississippi, as well as on the island of 
New Orleans. With respect to the posts in West Florida, orders for 
the delivery were neither offered to, nor demanded 1)}% our Commis- 
sioners. No instructions have, in fact, been ever given them to make 
the demand. This silence on the part of the Executive was deemed 
eligible; first, because it Avas foreseen that the demand would not only 
be rejected by the Spanish authority at New Orleans, which had, in 



276 PURCHASE OF THE TERRITORY OF LOUISIANA. 

an official publication, limited the cession westwardly b}^ the Missis- 
sippi and the island of New Orleans, but it was apprehended, as has 
turned out, that the French Commissioner might not be ready to sup- 
port the demand, and might even be disposed to second the Spanish 
opj)osition to it; secondly, because, in the latter of these cases, a serious 
check would be given to our title; and, in either of them, a premature 
dilemma would result between an overt submission to the refusal, and 
a resort to force; thirdl}", because mere silence would be no bar to a 
plea at any time that a deliver}^ of a part, particularly of the seat of 
Government, was a virtual delivery of the whole; whilst, in the mean- 
time, we could ascertain the views, and claim the interposition of the 
French Government, and avail ourselves of that and any other favor- 
able circumstances for effecting an amicable adjustment of the ques- 
tion with the Government of Spain. In this state of things, it was 
deemed proper by Congress, in making the regulations necessary for 
the collection of revenue in the ceded territory, and guarding against 
the new danger of smuggling into the United States, througn tne clian- 
nels opened by it, to include a provision for tno case of vv est Florida, 
by vesting in the President a power which his discretion might 
acconmiodate to events. 

This provision is contained in the eleventh, taken in connexion with 
the fourth, section of the act herewith inclosed. The act had been many 
weeks depending in Congress with these sections, word for word, in it; 
the bill had been printed as soon as reported by the committee, for the 
use of the members, and as two copies are, by a usage of politeness, 
always allotted for each foreign Minister here, it must in all probabilit}^ 
have been known to the Marquis d'Yrujo in an early stage of its prog- 
ress. If it was not, it marks much less of that zealous vigilance over the 
concerns of his Sovereign than he now makes the plea for his intemperate 
conduct. For some days even after the act was published in the gazette 
of this city, ho was silent. At length, however, he called at the Office of 
State, with the gazette in his hand, and entered into a very angry com- 
ment on the eleventh section, which was answered l)}^ remarks (some 
of which it would seem f i"om his written allusion to them were not 
well understood) calculated to assuage his dissatisfaction with the law, 
as far as was consistant with a candid declaration to him that we con- 
sidered all of West Florida, westward of the Perdido, as clearl}' ours 
by the treaty of April 30, 1803, and that of St. Ildefonso. The con- 
versation ended, as might be inferred from his letters which followed 
it on the Tth and 17th instant, of which copies are herewith enclosed, 
as are also copies of my answer of — , and of his reply of — . You will 
see by this correspondence the footing on which a rudeness, which no 
Government can tolerate, has placed him with this Government, and 
the view of it which must be unavoidably conveyed to our Minister at 
Madrid. It may be of some importance, also, that it be not miscon- 



PUKCHASE OF THE TERRITORY OF LOUISIANA. 277 

ceived where you are. But the correspondence is chiefly of importance 
as it suog-ests the earnestness with which Spain is likel}' to contest our 
construction of the treaties of cession, and the Spanish reasoning wliich 
will be employed against it; and, consequently, as it urges the expe- 
diency of cultivating the disposition of the French Government to take 
our side of the question. To this she is bound no less by sound policy 
than by regard to right. 

She is bound by the former, because the interest she has in our 
friendship interests her in the friendship l)etween us and Spain, which 
can not l)e maintained with full efi'ect, if at all, without removing the 
sources of collision lurking under a neighborhood marked by such 
circumstances; and which, considering the relation lietween France 
and Spain, can not be interrupted without endangering the friendl}^ 
relations between the United States and France. A transfer from 
Spain to the United Stites of the territory claimed by the latter, or 
rather of the whole of both the Floridas, on reasonable conditions, is, 
in fact, nothing more than a sequel and completion of the policy which 
led France into her own treaty of cession; and her discernment and her 
consistency are both pledges that she will view the subject in this light. 
Another pledge lies in the manifest interest which France has in the 
peaceable transfer of these Spanish possessions to the United States, 
as the only effectual security against their falling into the hands of 
Great Britain, Such an event would be certain in case of a ruptui'e 
between Great Britain and Spain, and would be particularly disagree- 
able to France, whether Great Britian should retain the acquisition 
for the sake of the important harbors and other advantages belonging 
to it, or should make it the basis of some transaction with the United 
States, which, notwithstanding the good faith and fairness toward 
France, (which would doubtless be observed on our part,) might involve 
conditions too desirable to her enemy not to be disagreeable to herself. 
It even deserves consideration that the use which Great Britain could 
make of the territory in question, and the facility in seizing it, may 
become a casting motive with her to force Spain into war, contrary to 
the wishes and the policy of France. 

The territory ceded to the United States is described in the words 
following: " The colony or province of Louisiana, with the same 
extent that it now has in the hands of Spain, that it had when France 
possessed it, and such as it ought to be, according to the treaties 
subsequentl}^ passed between Spain and other States." 

In expounding this three-fold description the different forms used 
must be so understood as to give a meaning to each description, and to 
make the meaning of each coincide with the others. 

The first form of description is a reference to the extent which 
Louisiana now has in the hands of Spain. What is that extent, as 
determined by its eastern limits ? It is not denied that the Perdido 



278 PURCHASE OF THE TERRITORY OF LOUISIANA. 

was once the eastern limit of Louisiana. It is not denied that the 
territory now possessed by Spain extends to the river Perdido. The 
river Perdido, we say, then, is the limit to the eastern extent of Loui- 
siana ceded to the United States. 

This construction gives an obvious and pertinent meaning to the 
term "now," and to the expression "in the hands of Spain," which 
can 1)6 found in no other construction. For a considerable time pre- 
vious to the Treaty of Peace in 1783, between Great Britain and Spain, 
Louisiana, as in the hands of Spain, was limited eastwardly by the 
Mississippi, the Iberville, &c. The term "now" fixes the extent, as 
enlarged by that treaty, in contradistinction to the more limited extent 
in ^vhich Spain held it prior to that treaty. Again: the expression 
"in the hands or in the possession of Spain," fixes the same extent; 
because, the expression can not relate to the extent which Spain, b}" 
her internal regulations, may have given to a particular district under 
the name of Louisiana, ))ut evidently to the extent in which it was 
known to other nations, particularly to the nation in treaty with her, 
and in which it was relatively to other nations in her hands, and not in 
the hands of any other nation. It would ])e absurd to consider the 
expression "in the hands of Spain," as relating not to others, but to 
herself and her own regulations; for the territory of Louisiana in her 
hands must be equally so, and be the same, whether formed into one 
or twenty districts, or by whatever name or names it maj^ be called by 
herself. 

What may now be the extent of a provincial district under the name 
of Louisiana, according to the municipal arrangements of the Spanish 
Government, is not perfectlv known. It is at least questionable, even 
whether these arrangements have not incorporated the portion of 
Louisiana acc^uired from Great Britain with the western portion 1)ef ore 
belonging to Spain, under the same provincial Government. But, 
whether such be the fact or not, the construction of the treaty will be 
the same. 

The next form of description refers to the extent which Louisiana 
had when possessed by France. What is this extent? It will be 
admitted, that for the whole period prior to the division of Louisiana 
between Spain and Great Britain in 1762-3, or at least from the 
adjustment of boundary between France and Spain in 1719, to that 
event, Louisiana extended, in the possession of Francje, to the river 
Perdido. Had the meaning, then, of the first description been less 
determinate, and had France been in possession of Louisiana at any 
time with less extent than to the Perdido, a reference to this primitive 
and long-continued extent would be more natural and probable than 
to any other. But it happens that France never possessed Louisiana 
with less extent than to the Perdido; because, on the same day that 
she ceded a part to Spain, the residue was ceded to Great Britain; and, 



PUECHASE OF THE TEKRITORY OF LOUISIANA. 279 

consequently, us long as she possessed Loaisiuna at all, she possessed 
it entire, that is, in its extent to the Perdido. It is true, that after 
the cession of Western Louisiana to Spain in the 3'ear 1762-3, the 
actual deliverj^ of the territory by France was delaj^ed for several 
years: but it can never be supposed, that a reference could be intended 
to this short period of delay, during which France held that portion 
in the right of Spain only, not in her own right, when, in other words, 
she held it as the trustee of Spain; and, that a reference to such a pos- 
session for such a period should be intended, rather than a reference 
to the long possession of the whole territor}^ in her own acknowledged 
right, prior to that period. 

In the order of the French King in 1764, to Monsieur d'Abbadie, 
for the delivery of Western Louisiana to Spain, it is stated that the 
cession by France was on the 3d of November, and the acceptance by 
Spain, on the 13th of that month, leaving an interval of ten days. An 
anxiety to find a period, during which Louisiana, as limited by the 
Mississippi and the Iberville, as held by France in her own right, may 
possibly lead the Spanish Government to seize the pretext into which 
this momentary interval may be converted. But it will ])e a mere 
pretext. In the first place, it is probable that the treat}^ of cession to 
Spain, which is dated on the same da}^ with that to Gi-eat Britain, was, 
like the latter, a preliminar}^ treat}^ consummated and confirmed by a 
definitive treaty bearing the same date with the definitive treaty, 
including the cession to Great Britain; in which case, the time and 
efi'ect of each cession would be the same, whetJier recurrence be had 
to the date of the preliminary or definitive treaties. 

In the next place, the cession by France to Spain was essentially 
made on the 3d of November, 1762, on which day, the same with that 
of the cession to Great Britain, the right passed away from France. 
The acceptance by Spain, ten da3's after, if necessar}" at all to perfect 
the deed, had relation to the date of the cession by France, and must have 
the same effect, and no other, as if Spain had signed the deed on the 
same da}^ with France. This explanation, which rests on the soundest 
principles, nullifies the interval of ten davs, so as to make the cession 
to Great Britain and Spain simultaneous, on the supposition that recur- 
rence be had to the preliminarv treaty, and not to the definitive treaty; 
and, consequent!}' , establishes the fact that France, at no time, possessed 
Louisiana with less extent than to the Perdido; the alienation and par- 
tition of the territor}^ admitting no distinction of time. In the last 
place, conceding even that during an interval of ten days the right of 
Spain was incomplete, and was in transitu only from France; or in 
another form of expression, that the right remained in France, subject 
to the eventual acceptance of Spain, is it possible to believe that a 
description, which must be presumed to aim at clearness and certainty, 
should refer for its purposes to so fugitive and equivocal state of 



280 PURCHASE OF THE TEKRITORY OF LOUISIANA. 

things, in preference to a state of tilings where the riglit and the 
possession of France were of long continuance, and susceptible of 
neither doubt nor controvers}' ? It is impossible. And, consequenth^, 
the only possible construction which can be put on the second form of 
description coincides with the only rational construction that can be put 
on the first: making Louisiana of the same extent, that is to the river 
Perdido, both "as in the hands of Spain"and "as France possessed- it. " 

The third and last description of Louisiana is in these words: "Such 
as it ought to be, according to the treaties subsequently passed between 
Spain and other States." 

This description may be considered as auxiliary to the two others, 
and is conclusive as an argument for comprehending within the cession 
of Spain territory eastward of the Mississippi and the Iberville, and 
for extending the cession to the river Perdido. 

The only treaties between Spain and other nations that affect the 
extent of Louisiana, as being subsequent to the possession of it by 
France, are, first, the treat}^ of 1783 between Spain and Great Britain; 
and, secondly, the trcat}^ of 1795 between Spain and the United States. 

The last of these treaties affects the extent of Louisiana, as in the 
hands of Spain, by defining the northern boundary of that part of it 
which lies east of the Mississippi and the Iberville; and the first affects 
the extent of Louisiana, by including in the cession from Great Britain to 
Spain the territory between that river and the Perdido; and by giving 
to Louisiana, in consequence of that reunion of the eastern and west- 
ern part, the same extent eastwardly in the hands of Spain as it had 
when France possessed it. Louisiana, then, as it ought to be, accord- 
ing to treaties of Spain subsequently to the possession by France, is 
limited by the line of demarcation settled with the United States, and 
forming a northern boundary, and is extended to the river Perdido as 
its eastern boundary. 

This is not only the plain and necessary construction of the words, 
but is the only construction that can give a meaning to them. For 
they are without meaning, on the supposition that Lquisiana, as in the 
hands of Spain, is limited by the Mississippi and the Iberville, since 
neither the one nor the other of those treaties have an}' relation to 
Louisiana that can affect its extent, but through their relation to the 
limits of that part of it which lies eastward of the Mississippi and the 
Iberville. Including this part, therefore, as we contend, within 
the extent of Louisiana, and a meaning is given to both as pertinent as 
it is important. Exclude this part, as Spain contends, from Louisiana, 
and no treaties exist to which the reference is applicable. 

This deduction can not be evaded by pi-etending that the reference 
to subsequent treaties of Spain was meant to save the right of deposit, 
and other rights stipulated to the commerce of the United States by 
the treaty of 1795; first, because, although that may be an incidental 



PURCHASE OF THE TERBITOKY OF LOUISIANA. 281 

object of the reference to that treaty, as was signified b}^ His Catholic 
Majesty to the Govei'nment of the United States, yet the principal 
object of the reference is evidently the territorial e.i-tent of Louisiana; 
secondly, because the reference is to more than one treaty — to the 
treaty of 1783, as well as to that of 1795; and the treaty 1783 can have 
no modifying- effect whatever, rendering it applicable, but on the sup- 
position that Louisiana was considered as extending eastward of the 
Mississippi and the Iberville, into the territory ceded by that treaty to 
Spain. 

In fine, the construction which we maintain gives to ever}^ part of 
the description of the territory ceded to the United States a meaning- 
clear in itself, and in harmony with every other part, and is no less 
conformable to facts than it is founded on the ordinary use and analogy 
of the expressions. The construction urged by Spain gives, on the 
contrary, a meaning to the first description which is inconsistent with 
the very terras of it; it prefers, in the second, a meaning that is impos- 
sible or absurd; and it takes from the last all meaning whatever. 

In confirmation of the meaning which extends Louisiana to the river 
Perdido, it may be regarded as most consistent with the object of 
the First Consul in the cession obtained by him from Spain. Every 
appearance, and every circumstance, pronounces this to have been to 
give lustre to his Administration, and to gratify a natural pride in his 
nation, by re-annexing to its domain possessions which had, without 
any sufiicient consideration, been severed from it; and which, being 
in the hands of Spain, it was in the power of Spain to restore. Spain, 
on the other side, might be the less reluctant against the cession in 
this extent, as she would be onl}^ replaced In" it within the original 
limits of her possessions; the territory east of the Perdido having 
been regained by her from Great Britain in the peace of 1783, and not 
included in the late cession. 

It only remains to take notice of the argument dei'ived from a criti- 
cism on the term " retrocede," by which the cession from Spain to 
France is expressed. The literal meaning of this term is said to be 
that Spain gives back to France what she received from France; and 
that as she received from France no more than the Territory west of the 
Mississippi and the Iberville, that, and no more, could be given back 
by Spain. 

Without denying that such a meaning, if uncontrolled l)y other 
terms, would have been properh' expressed h\ the term ^ retrocede," 
it is sufficient, and more than sufiicient, to ol)serve, tirst, that with 
respect to France, the literal meaning is satisfied; France receiving back 
what she had before alienated; secondly, that with respect to Spain, 
not only the greater part of Louisiana had been confessedly received 
by her from France, and, consequently, was literally ceded ))ack by 
Spain, as well as ceded back to France; l)ut, with respect to the part 



282 PURCHASE OF THE TERRITORY OF LOUISIANA. 

in (iU(\sti<)ii, S})aiii uiioht not unftiirly be considered as cediiio- hack to 
France what France had ceded to her, inasmuch as the cession of it to 
Great Britain was made for the benefit of Spain, to Avhom, on that 
account, Cuba was i-estored. The effect was precisel}- the same as if 
Fi-ance had, in form, made the cession to Spain, ajid Spain had assigned 
it o\'er to Great Britain: and the cession may the more aptly be con- 
sidered as passing- through Spain, as Spain herself was a party to the 
treat}' by which it was conveyed to Great Britain. In this point of 
view, not only France received back what she had ceded, l)ut Spain 
ceded ])ack what she had received, and the etj^mology even of the 
term ** retrocede""' is satisfied. This view of the case is the more sub- 
stantially just, as the territory in question passed from France to 
Great Britain, for the account of Spain, but passed from Great Britain 
into the hands of Spain in 1788, in consequence of a war to which 
Spain had contributed but little compared with France, and in termi- 
nating which so favorably in this article for Spain, France had doubt- 
less a preponderating intiuence. Thirdly, that if a course of pro- 
ceeding might have existed to which the term '" retrocede" would be 
more literally applicable, it may be equall}' said that there is no other 
particular term which would be more applicable to the whole proceed- 
ing, as it did exist. Fourthly. Lastly, that if this were not the case, 
a nice criticism on the etymology of a single term can ]:»e allowed no 
weight against a conclusion drawn from the clear meaning of every 
other term, and from the whole context. 

In aid of these observations, I enclose herewith two papers, which 
have been drawn up with a view to trace and support our title to 
Louisiana in its extent to the Perdido. You will find in them, also, the 
grounds on which its western extent is maintainaljle against S[)ain, 
and its northern in relation to Great Britain. 

On the whole, we reckon with much confidence on the obligations 
and dispositions of the French Government, to favor our o})ject with 
Spain, and on your prudent exertions to strengthen our hold on both; 
not only in reference to the true construction of the treaty, but to our 
acquisition of the Spanish territor}' eastward of the Perdido on con- 
venient and equitable conditions. 

You will find herewith enclosed copies of another correspondence, 
sufficiently explaining itself, with the Marquis d'Yrujo, on the com- 
merce from our ports to St. Domingo; to which is added a letter on 
that subject from M. Pichon. The ideas of the President, as well to 
the part which the true interest of France recommends to her, as to 
the part prescribed both to her and to the United States by the law of 
nations, were communicated in mj^ letter of the 31st of January last. 
It is much to l)e desired that the French Government may enter into 
proper views on this subject. 

With respect to the trade in articles not for war, then? can not l)e a 



PITRCHASK OF THE TERRITORY OF LOUISIANA. 288 

doubt that the interest ot" Fnince eoncurs with tliiit of the L nited 
States. With respeet to artieles for war, it is, probabh', the interest 
of all nations that they should l)e kept out of hands likely to make so 
bad a use of them. It is clear, at the same time, that tlie Ignited 
States are bound In^ the law of nations to nothing* further than to leave 
their offending citizens to the consequences of an illicit trade; and it 
deserves serious consideration, how far their undertaking, at the 
instance of one Power, to enfoi"ce the law of nations, by prohibitory 
regulations to which thev are bound, may bec^ome an embarrassing 
precedent, and stinudate pretensions and complaints of other Powers. 
The French Government must be sensible, also, that prohibitions In' one 
nation would have little effect, if others, including Great Britain, should 
not follow the example. It may be added, that the most which the 
United States could do in the case, short of prohibiting the export of 
contral^and articles altogether, a measure doubtless beyond the expec- 
tations of France, would be to annex to the shipment of these articles 
a condition, that they should be delivered elsewhere than in St. Domingo, 
and that a regulation of this kind would readily be frustrated liy a 
reshipment of the article after deliver}^ elsewhere, in the same or other 
vessels, in order to accomplish the forbidden destination. If. indeed, 
the prohibitory regulations, on the part of the United States, were the 
result of a stipulation, and recommended b}' an equivalent concession, 
the objection to it as an inconvenient precedent would be avoided. If, 
for example, France would agree to permit the trade with Santo 
Domingo in all other articles, on condition that we would agree to pro- 
hibit contraband articles, no objection of that sort would lie against the 
arrangement; and the arrangement would, in itself, be so reasonable, 
on both sides, and so favorable, even to the people of Santo Domingo, 
that the President authorizes you not only to make it, if you find it not 
improper, the subject of a frank conference with the French Govern- 
ment, but tc put it into the form of a conventional regulation; or, 
should this be objectionable, the object may be attained, perhaps, by 
a tacit understanding between the two Governments which may lead 
to the regulations on each side respectively necessary. Although a 
legal regulation, on our part, can not be absolutely promised, otherwise 
than b}' a positive and mutual stipulation, yet, with a candid explana- 
tion of this constitutional circumstance, there can be little risk in 
inspiring the requisite confidence that the legislative authorit}' here 
would interpose its sanction. 

It is the more important that something should be done in the case, 
and done soon, as the pretext, founded upon the supposed illegality of 
any trade whatever with the negroes in St. Domingo, is multiplying 
depredations on our commerce, not only with that island, but with 
the West Indies generall3% to a degree highly irritating, and which is 
laying the foundations for the extensive claims and complaints on our 



284 PURCHASE OF THE TERRITORY OF LOUISIANA. 

part. You will not fail to state this fact to the French Government 
in its just importance; as an agreement for some such arrangement as 
is above suggested, or if that be disliked, as requiring such other inter- 
position of that Government as will put an end to the evil. 

It is represented that a part of the depredations arc committed by- 
French armed vessels without commissions, or with commissions from 
incompetent authorities. It appears, also, that these lawless proceed- 
ings are connected with Spanish ports and subjects, probably Spanish 
officers, also, in the West Indies, particularl}^ in the island of Cuba. 
So far as the responsibility of Spain maybe involved, we shall not lose 
sight of it. An appeal, at the same time, to that of France, is as 
pressing as it is just; and you will please to make it in the manner best 
calculated to make it effectual. 

In one of 3 our letters you apprehended that the interest accruing 
from the delay of the Commissioners at Paris ma}" be disallowed by 
the French Government, and wish for instructions on the subject. I 
am glad to find, by later communications from Mr. Skip with, that the 
apparent discontent at the delay had subsided. But whatever solici- 
tude that Government might feel for despatch in liquidating the claims, 
it would be a palpable wrong to make a disappointment in that par- 
ticular a pretext for refusing any stipulated part of the claims. In a 
legal point of view, the treat}' could not be in force until mutually 
ratified; and every preparatory step taken for carrying it into effect, 
however apposite or useful, must be connected with legal questions 
arising under the treaty. 

In other parts of your correspondence, you seem to have inferred 
from some passage in mine, that I thought the ten millions of livres in 
cash, over which a discretion was given, ought to have been paid 
rather to France than to our creditor citizens. If the inference be 
just, m}^ expressions must have been the more unfortunate as they 
so little accord with the original plan, communicated in the instructions 
to yourself and Mr. Monroe; the more unfortunate still, as thev not 
only decide a question wrong, l)ut a question wdiich could never occur. 
The cash fund of ten millions was provided on the supposition, that, in 
a critical moment, and in a balance of considerations, the immediate 
payment of that sum, as a part of the l)argain, migiit either tempt the 
French Government to enter into it, or to reduce the terms of it. If 
wanted for either of these purposes, it was to be paid to the French 
Government; if not wanted for either, it was made applicable to no 
other. The provision contemplated for the creditors had no reference 
to the fund of ten millions of livres; nor was it even contemplated that 
any other cash fund would be made applicable to their claims. It was 
supposed not unreasonable, that the ease of our Treasury and the 
chance and means of purchasing the territory remaining to Spain east- 
ward of the Mississippi, might be so far justly consulted as to put the 



PUKCHASE OF THE TEERITORY OF LOUISIANA. 285 

indemnification of the claims against France on a like footing- with that 
on which the indemnification of like claims against Great Britain had 
been put. And it was inferred, that such a modification of the pay- 
ments would not only have fully satisfied the expectations of the cred- 
itors, but would have encountered no objections on the part of the 
French Government, who had no interest in the question, and who were 
precluded by all that had passed from urging objections of any other 
sort. 

Congress adjourned on Tuesday, the 27th of March, to the first 
Monda}^ in November next. Copies of their laws will be forwarded 
to you as soon as they issue from the press. For the present, I enclose 
herewith a list of all their acts, and copies of a few of them, particu- 
larly of the acts providing for the government of Louisiana, and for 
the war in the Mediterranean. The former, it is hoped, will satisfy 
the French Government of the prudent and faithful regard of the 
Government of the United States to the interest and happiness of the 
people transferred into the American family. 
I have the honor to be, &c., 

James Madison. 

Robert R. Livingston, Esq. 



President's Message. 

To the Senate and House o^ Representatives of tlie United States: 

In execution of the act of the present session of Congress for taking 
possession of Louisiana, as ceded to us by France, and for the tempo- 
rary government thereof, Governor Claiborne of the Mississippi 
Territory, and General Wilkinson, were appointed Commissioners to 
receive possession. Thej^ proceeded, with such regular troops as had 
been assembled at Fort Adams from the nearest posts, and with some 
militia of the Mississippi Territory, to New Orleans. To bo prepared 
for anything unexpected which might arise out of the transaction, a 
respectable body of militia was ordered to be in readiness in the States 
of Ohio, Kentucky, and Tennessee, and a part of those of Tennessee 
was moved on to the Natchez. No occasion, however, arose for their 
services. Our Commissioners, on their arrival at New Orleans, found 
the Province already delivered by the Commissaries of Spain to that of 
France, who delivered it over to them on the 20th day of December, 
as appears by their declarator}^ act accompanying this. Governor 
Claiborne, being duly invested with the powers heretofore exercised 
b}" the Governor and Intendant of Louisiana, assumed the government 
on the same day, and, for the maintenance of law and order, immedi- 
ately issued the proclamation and address now communicated. 

On this important acquisition, so favorable to the immediate inter- 
ests of our Western citizens, so auspicious to the peace and security 



'28B PUECHASE OF THE TERRITORY OF LOl^SIANA. 

of the nution in general, which adds to our countrv territories so 
extensive and fertile, and to our citizens new l)rethren to partake of 
the blessings of freedom and self-government, I ofler to Congress and 
our country my sincere congratulations. 
Januahy 10, 180tt. Tii. Jeffersox. 



Articles of Exchange of Possession. 

City of New Orleans, Decemher W, IHOo. 
Sir: We have the satisfaction to announce to you that the Province 
of Louisiana was this day surrendered to the United States by the 
Connnissioner of France; and to add, that the flag of our country was 
raised in this city amidst the acclamations of the inhabitants. 

The enclosed is a copy of an instrument of writing, which was signed 
and exchanged b}" the Conunissioners of the two Governments, and is 
designed as a record of this interesting transaction. 
Accept assurances of our respectful consideration. 

Wm. C. C. Claiborne. 
James Wilkinson. 
James Madison, 

Secretary of State. 



The undersigned, William C. C. Claiborne and James Wilkinson, 
conunissioners or agents of the United States, agreeably to the full 
powers they have received from Thomas Jefferson, President of the 
United States, under date of the 31st October, 1S03, and twenty-eighth 
year of the independence of the United States of America, (8th Bru- 
maire, 12th year of the French Republic,) countersigned by the Secre- 
tary of State, James Madison, and citizen Peter Clement Laussat, 
Colonial Prefect and Commissioner of the French Government, for 
the delivery, in the name of the French Republic, of the country, terri- 
tories, and dependencies of Louisiana, to the conunissioners or agents 
of the United States, conformabh^ to the powers, conmiission, and 
special mandate which he has received, in the name of the French 
people, from citizen Bonaparte, First Consul, under date of the 6th 
fJune, 1803, (17th Prairial, eleventh 3^ear of the French Republic,) 
countersigned b}^ the Secretary of State, Hugues Maret, and by his 
Excellency the Minister of Marine and Colonies, Decres, do certify l)y 
these presents, that on this day, Tuesday, the 20th December, 1803, of 
the Christian era, (28th Frimaire, twelfth year of the French Republic,) 
being convened in the hall of the Hotel d(^ Ville of Orleans, accom- 
l)anied on })oth sides by the Chiefs and Officers of the Army and Navy, 
b}' the miuiicipality and divers respectable citizens of their respective 



PURCHASE OF THE TERRITORY OF LOUISIANA. 287 

Republics, the said William C. C. Claiborne and James Wilkinson, 
delivered to the said citizen Laussat their aforesaid full powers, by 
which it evidently appears that full power and authority has been 
given them joint!}" and severally to take possession of, and to occupy 
the territories ceded b}' France to the United States by the treaty 
concluded at Paris on the 30th da}" of April last past, (10th Floreal,) 
and for that purpose to repair to the said Territory, and there to exe- 
cute and perform all such acts and things, touching the premises, as 
may be necessary for fultiling their appointment conformably to the 
said treaty and the laws of the United States; and thereupon the said 
citizen Laussat declared that, in virtue of, and in the terms of the 
powers, commission, and special mandate dated at St. Cloud, 6th June, 
1803, of the Christian era, (17th Prairial, 11th year of the French 
Republic,) he put from that moment the said Commissioners of the 
United States in possession of the country, territories, and depend- 
encies of Louisiana, conformably to the first, second, fourth, and fifth 
articles of the treaty and two conventions, concluded and signed the 
30th April, 1803, (lOth Floreal, 11th year of the French Republic,) 
between the French Republic and the United States of America, by 
citizen Barbe Marbois, Minister of the Pul)lic Treasur}', and Messrs. 
Robert R. Livingston and James Monroe, Ministers Plenipotentiar}" of 
the United States, all three furnished with full powers, of which 
treaty and two conventions the ratifications, made by the First Consul 
of the French Republic on the one part, and by the President of the 
United States, by and with the advice and consent of the Senate, on 
the other part, have been exchanged and mutuallv received at the City 
of Washington, the 21st October, 1803, (28th Vendemiaire, 12th j^ear 
of the French Republic,) by citizen Louis Andre Pichon, charge des 
afi'aires of the French Republic near the United States, on the part of 
France, and by James Madison, Secretary of State of the United 
States, on the part of the United States, according to the 2)roces verhal 
drawn up on the same da}"; and the present delivery of the country 
is made to them, to the end that, in conformity with the object of the 
said treaty, the sovereignty and property of the colony or province of 
Louisiana may pass to the said United States, under the same clauses 
and conditions as it had been ceded by Spain to France, in virtue of 
the treaty concluded at St. lldefonso, on the 1st October, 1800, (9th 
Vendemiaire, 9th year,) between these two last Powers, which has 
since received its execution by the actual re-entrance of the French 
Republic into possession of the said colony or province. 

And the said citizen Laussat in consequence, at this present time, 
delivered to the said Commissioners of the United States, in this pub- 
lic sitting, the keys of the City of New Orleans, declaring that he dis- 
charges from their oaths of fidelity towards the French RepuV)lic, the 
citizens and inhabitants of Louisiana, who shall chose to remain under 
the dominion of the United States. 



288 PUKCHASE OF THE TERRITOKY OF LOUISIANA. 

And that it may forever appear, the undersigned have signed the 
jjroces verbal of this important and solemn act, in the French and Eng- 
lish languages, and have sealed it with their seals, and have caused i-t 
to be countersigned by the secretaries of conunission, the day, month, 
and year above written. 

Wm. C. C. Claiborne, [l. s.] 
James Wilkinson. [l. s.] 

Laussat. [l. s.] 



Proclamation by His Excellency, William C. C. Claiborne, Governor of the 
Mississippi Territory, exercising the powers of Governor-general and 
Intendant of the Province of Louisiana. 

Whereas, b}' stipulations ])etween the Governments of France and 
Spain, the latter ceded to the former the colony and province of 
Louisiana, with the same extent which it had at the date of the above- 
mentioned treaty in the hands of Spain, and that it had when France 
possessed it, and such as it ought to be after the treaties subsequently 
entered into between Spain and other States; and whereas the Govern- 
ment of France has ceded the same to the United States by a treaty 
duly ratified, and bearing date the 30th of April in the present year, 
and the possession of said colony and province is now in the United 
States, according to the tenor of the last-mentioned treaty; and whereas 
the Congress of the United States on the 31st day of October, in the 
present year, did enact that, until the expiration of the session of 
Congress then sitting, (unless provisions for the temporary govern- 
ment of the said territories be made by Congress,) all the military, 
civil, and judicial powers exercised by the then existing government 
of the same, shall be vested in such person or persons, and shall be 
exercised in such manner as the President of the United States shall 
direct, for the maintaining and protecting the inhabitants of Louisiana 
in the free enjoyment of their liberty, property, and religion; and the 
Piesident of the United States has, 1)}^ his commission, bearing date 
the same 31st da}" of October, invested me with all the powers, and 
charged me with the several duties heretofore held and exercised by 
the Governor-General and Intendant of the Province. 

I have, therefore, thought fit to issue this, my proclamation, making 
known the premises, and to declare, that the government heretofore 
exercised over the said Province of Louisiana, as well under the 
authority of Spain as the French Republic has ceased, and that of the 
United States of America is established over the same; that the inhab- 
itants thereof will be incorporated in the Union of the United States, 
and admitted as soon as possible, according to the principles of the 
Federal Constitution, to the enjoj^ment of all the rights, advantages, 



PURCHASE OF THE TERRITORY OF LOUISIANA. 289 

and immunities of citizens of the United States; that, i.i the mean- 
time, they shall be maintained and protected in the free enjoyment of 
their liljert^', propert}', and the relio'ion which thej^ profess; that all 
laws and municipal regulations which were in existence at the cessa- 
tion of the late government, remain in full force; and all civil officers 
charged with their execution, except those whose powers have been 
speciall}^ vested in me, and except, also, such officers as have been 
intrusted with the collection of the revenue, are continued in their 
functions, during the pleasure of the Governor for the time being, or 
until provision shall otherwise be made. 

And 1 do hereby exhort and enjoin all the inhabitants, and other 
persons within the said province, to be faithful and true in their allegi- 
ance to the United States, and obedient to the laws and authorities of 
the same, under full assurance that their just rights will be under the 
guardianship of the United States, and will l)e maintained from all 
force or violence from without or within. 

In testimony whereof 1 have hereunto set my hand. 

Given at the city of New Orleans, the 20th day of December, 1S03, 
and of the independence of the United States of America, the twenty- 
eighth. 

Wm. C. C. Claiborne. 



The Governor's Address to the Citizens of Louisiana. 

New Orleans, Septemher i20, 1S03. 
Fellow-citizens of Louisiana: On the great and interesting event 
now finally consummated — an event so advantageous to yourselves 
and so glorious to United America — I can not forbeai* offering you 
m}" warmest congratulations. The wise policy of the Consul of France 
has, by the cession of Louisiana to the United States, secured to you a 
connexion beyond the reach of change, and to your posterity the sure 
inheritance of freedom. The American people receive you as brothers, 
and will hasten to extend to jow a participation in those inestimable 
rights which have formed the basis of their own unexampled pros- 
perity. Under the auspices of the American Government, you may 
confidentl}'^ rely upon the securit^^ of jonr liberty, your propert}', and 
the religion of your choice. You may with equal certainty rest 
assured that your commerce will be promoted and 3'our agriculture 
cherished- — in a word, that your true interests will be among the 
primary objects of our National Legislature. In return for these 
benefits, the United States will be amply remunerated if your growing 
attachment to the Constitution of our countiy, and your veneration 
for the principles on which it is founded, be duly proportioned to the 
blessings which they will confer. Among your first duties, therefore, 
H. Doc. 431 19 



290 PURCHASE OF THE TERRITORY OF LOUISIANA. 

you should cultivate with assiduity among yourselves the advancement 

of political information. You should guide the rising generation in 

the paths of republican econoui}' and virtue. You should encourage 

literature; for without the advantages of education, your descendants 

will be unable to appreciate the intrinsic worth of the Government 

transmitted to them. 

As for m3'self, fellow-citizens, accept a sincere assurance, that 

during my continuance in the situation in which the President of the 

United States has been pleased to place me, every exertion will be 

made on my part to foster 3'^our internal happiness, and forward your 

general welfare; for it is only by such means that I can secure to 

myself the approbation of those great and just men who preside in 

the councils of our nation. 

Wm. C, C. Claiborne. 



[Extract. 1 

Mr. Cevallos to Mr. Pinckney. 

Pardo, F<^hruarij 10^ ISOJ^. 
At the same time the Minister of His Majesty in the United States 
is charged to inform the American Govermnent respecting the falsitv 
of the rumor referred to, he has likewise orders to declare to it that 
His Majesty has thought tit to renounce his opposition to the aliena- 
tion of Louisiana made b}' France, notwithstanding the solid reasons 
on which it is founded; thereby giving a new proof of his benevolence 
and friendship toward the United States, 



Mr. Yrujo to Mr. Madison. 

Philadelphia, 2Iay Ui^ 180Jf,. 

Sir: The explanations which the Government of France has given 
to His Catholic Majesty concerning the sale of Louisiana to the United 
States, and the amicable dispositions on the part of the King my mas- 
ter toward these States, have determined him to abandon the opposi- 
tion which, at a prior period, and with the most substantial motives, he 
bad manifested against that transaction. In consequence, and b}^ spe- 
cial order of His Majesty, 1 have the pleasure to communicate to 3'ou 
his royal intentions on an affair so important; well persuaded that the 
American Government will see, in this conduct of the King my mas- 
ter, a new proof of his consideration for the United States, and they 
will correspond, with a true reciprocity, with the sincere friendship of 
the King, of which he has given so man}' proofs. 

God preserve you many years. 

M. Casa Yrujo. 

James Madison, Esq. 



PURCHASE OF THE TEREITORY OF LOUISIANA. 291 

Remarks on Signing the Treaty. 

Mr. Marbois said: As soon as the}- had signed they rose, shook 
hands, and Livingston, expressing the satisfaction of all, said: "The 
treaty we have signed has not been brought about by pressure nor 
dictated bv force. Equalh' advantageous to both the contracting 
parties, it will change vast solitudes into a flourishing country. ^ To-day 
the United States take their place among the Powers of the tirst rank, 'j 
Moreover, if wars are inevitable, France will have in the new world 
a friend increasing year by year in power, which cannot fail to become 
puissant and respected on all the seas of the earth. These treaties 
will become a guarantee of peace and good will ])etween commercial 
States. iThe instrument we have signed will cause no tears to flow. 
It will prepare centuries of happiness for innumerable generations of 
the human race. The ]\Iississippi and the Missouri will see them 
prosper and increase in the midst of equality, under just laws, freed 
from the errors of superstition, from the scourges of l)ad government, 
and trulv worthy of the regard and care of Providence." 



[Extract.] 

Mr. Madison to Dr. J. W. Francis. 

jVIontpelier, i\Y>r' 7, 1831. 
The friendly relations in which I stood to both Chancellor Liv- 
ingston and Mr. Monroe would make jne a reluctant witness, if I had 
happened to possess any knowledge of facts favoring either at the 
expense of the other in the negotiations which preceded the transfer 
of Louisiana to the United States. But my recollections throw no 
light on the subject beyond what ma}- be derived from official papers 
in print, or on the files of the Department of State, and especially in 
the work on Louisiana b}" Mr. ]Marbois, the French negotiator. 1 have 
no doubt that each of the envoys did everything, according to his 
opportunities, that could evince official zeal and anxious patriotism; 
at the same time that the disclosures of Mr. Marbois sufficienth" shew 
that the real cause of .success is to be found in the sudden policy sug- 
gested to Napoleon b}' the foreseen rupture of the peace of Amiens, 
and, as a consequence, the seizure of Louisiana by Great Britain, who 
would not only deprive France of her acquisition, but turn it, polit 
icalh' and commerciall}', against her, in relation to the United States 
or Spanish America. 



IISTDEX. 



A. 

Address by Governor Claiborne, 289. 
Alliance with England, Jefferson suggests, 16. 
Alliance with France or England, which, 52. 
American boats forbidden to trade, 57. 
American claims classilied, 133. 

Livingston remonstrates, 88, 116. 

Talle\Tand guarantees, 142. 
American territory, France renounced right to acquire, 26. 
Arkansas River suggested as boundary, 83, 90, 100, 158. 
Articles of exchange of possession, 286. 

B. 

Bernadotte will treat on Livingston basis, 100, 143. 
Boundaries all unsettled, 32. 

of Louisiana, 234, 271. 

of west Florida, 86. 
Britain would have seized New Orleans, 205. 
British alliance, Livingston threatens, 150. 
British Government notified of cession, 196. 

C. 

Canada and Mexico threatened, 21. 

Causes that led to cession to United States, 187, 189, 203, 221, 225, 231, 268, 291. 

Same — Reasons taken from Livingston Memoirs, 225. 
Cede, right of France to alienate, 244. 

Spain denies right of France to, 233, 239, 242, 245. 
Cession to France, disapproved by French statesmen, 13. 

denied by French minister, 9. 

confirmed by Livingston, 11. 

England's objection, 4. 

England's views sountled, 25. 

Livingston's discussion of, 89. 

opposetl by Frenchmen, 28. 

reasons France wanted Louisiana, 12. 

reasons for, by Madison, 5. 

rumors of, 3, 5, 8. 

threatens peace with United States, 25. 
Cession to Uniteil States, Livingston proposes, 121. 

w-hat induced it, 187, 189, 221, 225, 229, 231, 268, 291. 
Claims commission named, 171, 213. 

293 



294 INDEX. 

Claims, classified, 133. 

Livingston binds First Consul to payment, 190. 
Monroe's draft of convention, 185. 
payments to be prorated, 272. 
Talleyrand guarantees jmyment, 142. 
Colonial commerce discussed, 36. 

oflicers, abuses of, 64, 136, 139. 
Colonies, are thej' useful to France, 39. 
Congress appropriates two millions, 84. 

committee report, 84. 
Constitutional amendment necessary, 235. 

limitations, by Jefferson, 237. 
Convention of purchase, 256. 
on claims, 257. 

D. 

Deposit, importance of right, 85. 

Jefferson on restoring, 182. 

Livington presses First Consul, 119, 148. 

Madison on waiving right, 181. 

right of, denied by Spanish otScer, 53. 

Intendant's proclamation suspending, 54. 

right restored, 179. 

right of United States irrevoc-able, 149. 

right of, by treaty, 31. 

suspension, governor of Louisiana disowns, 67. 

Governor Claiborne's letter, 55. 

Livingston remonstrates, 89. 

Madison protests, 63. 

proclamation of Intendant, 54. 

protests pour into Washington, 67. 

Western indignation, 64. 
Discontent with treaty in France, 209, 225. 
Duiilicity of French minister, 11. 

E. 

England and Spain, policy to alarm, 20. 

favors acquisition by United States, 156. 
England's interest in Louisiana, 21. 
England opposes cession to France, 25, 27, 102. 

to occupy New Orleans in case of war, 156. 
England's opposition to cession incited, 10. 
Expedition for Louisiana, 23, 29, 61, 81, 146. 

F. 

First Consul acknowledges memoir, 142. 
autocracy of, 51, 81. 
colloquy with British minister, 145. 
friendly disposition of, 62, 143. 
Livingston communicates Avith, 59, 71, 99, 115. 
makes proposition to .sell, 161. 
receives Monro ?, 169. 



INDEX. 295 

Floridas, acquigition of, the first desire of United States, 126. 

first mention of, 9. 
Florida, West, Livingston advises seizure, 201. 
Madison discusses, 275. 
more valuable than New Orleans-, 35. 
Monroe discusses, 198. 
negotiation with France for, 24. 
Spain for, 171. 
Spain declines to sell, 183. 

was it included in Louisiana? 23, 29, 33, 50, 60, 200, 212, 218, 236, 275. 
why not demanded of Spain, 275. 
Florida rivers, right to navigate, 126. 
Floridas, First Consul advises postponement, 230. 
Foreign colonies, value of, Livingston, 36. 

territory, United States can not acquire, 235. 
trade, France and England compared, 37. 
France renounced acquisition in America, 26. 
French emigrants, Louisiana intended for, 3, 11. 
minister gives assurances, 62. 

to go to Washington to treat, 143. 

reasons for selling, copied from Livingston, 225. 

G. 

Governor Claiborne's address, 289. 

letter, 55. 

proclamation, 288. 

protest, 56. 
Governor of Kentucky protests, 57. 
Government of United States, its nature, 87. 

H. 

House of Representatives, resolutions of, 67. 

I. 
Impotency of French ministers, 64. 
Independent Western State, 124, 141, 234, 274. 
Indians, attachment of to France, 20. 
Instructions, joint, 122. 

Livingston asks for, 23, 29, 35, 61, 101. 

Monroe bears them, 70. 

acquire Florida, first purpose of United States, 7. 

to Livingston, 16, 17, 112. 

to make the Mississippi the boundary, 28, 70, 122. 

to minister to Spain, 98. 

later, 175, 205. 

limited, Madison explains, 223. 
Intendant's order without authority, 67, 113. 

proclamation suspending deposit, 54. 

J. 

Jefferson's cautious instructions to Livingston, 52. 
Jefferson describes alarming conditions, 68. 
on restoring deposit, 182. 



296 . INDEX. 

Jefferson on the pending crisis, 94. 

on independent Western States, 234, 274. 

remonstrates against cession to France, 16 

seeks to interest Nemours, 18. 

value of purchase, 221, 261, 274. 
Joseph Bonaparte favors Livingston's propositions, 100. 

Livingston's medium with First Consul, 59, 82. 



Livingston anticipates instructions, 220. 

and Monroe's joint report, 191. 

asks instructions, 23, 29, 35, 61, 65, 101. 

advises defensive measures, 62. 

advises negotiation Avith Britain as blind, 66. 

announces events ready for Monroe, 158. 

account of negotiation, 162, 173. 

advises seizure of Floridas, 20L 

begins making propositions, 51. 

bewails lack of instructions, 97. 

communicates with First Consul direct, 65, 99, 115. 

convinces Frenchmen, 50, 157. 

discusses right of deposit, 91. 

explains activity pending Monroe's arrival, 147. 

explains letter to Monroe, 267. 

first memoir, 36. 

gets ear of First Consul, 65. 

incites English opposition, 10. 

makes many converts, 50, 65. 

his medium is Joseph Bonaparte, 59. 

makes converts of entire court, 115, 157. 

midnight letter, 159. 

outwits French minister, 160. 

persistency with First Consul, 140. 

presents another memoir, 66, 71, 82, 103, 108. 

remarks at signing treaty, 291. 

error in his commission, 221. 

replies to strictures on memoir, 266. 

recites the moving causes, 187-189. 

seeks to alarm England, 21. 

severe expostulations of, 149. 

suggests Natchez as depot, 20. 

suggests trans-Mississippi expansion, 83. 

to Joseph Bonaparte, 82. 

to Talleyrand, 153. 
Louisiana, cession of whole not anticipated at Washington, 199. 

first jjroposition by Talleyrand, 157. 

First Consul prepares to take possession, 50. 

reasons why France should not possess, 16. 

Talleyrand offers the whole, 159. 

would not be profitable to France, 39 

M. 

Madison approves purchase, 223. 
criticises Livingston, 226. 
observations on proposed treaty, 129. 



INDEX. 297 



Madison discusses Spain's opposition, 247. 
West Florida, 275. 
explains why instructions were limited, 223. 
on causes, twenty-eight years later, 291. 
outlines treat}-, 127. 
protests to Spanish Government, 63. 
replies to Spanish minister, 244. 
Marbois deputed to treat, 163. 
Maritime powers compared, 72. 
Memoirs of Livingston, 36, 71, 103, 108. 
Merchant marine, French interest in, 37. 
Monroe's appointment a disadvantage, 115. 
Monroe and Livingston's joint report, 191. 
arrives in London, 227. 

at Havre, 159. 
complains of Livingston, 164. 
differs with Livingston, 218. 
interview with First Consul, 229. 
journal of the negotiation, 165. 
letter to Virginia Senators, 203. 
mission to Spain suspended, 241. 
nomination of, Livingston informed, 69. 

reasons for, 68, 96, 114. 
predicts long delay in negotiations, 138. 
proceeds to London, 217. 
and Livingston equal in rank, 222. 
recites incidents of negotiation, 227, 231. 
his participation limited, 267. 
to Jefferson, on situation, 136. 
Motive of First Consul for selling, 187, 203, 225, 231, 268, 291. 

N. 

Natchez suggested as substitute for New Orleans, 20, 23. 
Navigation of Florida rivers sought, 22. 

Mississippi, a treaty right, 27, 30. 
guaranteed, 26. 
indefeasible right to, 125. 
its importance, 84. 
treaty obligations of Spain, 31. 
Negotiations for the Floridas postponed, 247. 

with France, Livingston's account of, 172. 

on before Monroe is presented, 163. 
with Britain authorized, 180. 
Nemour's interest sought by Jefferson, 18. 

New Orieans, cession to United States suggested })y Jefferson, 17. 
and Floridas, why L^nited States must possess, 87. 
alone desired, 28, 34, 52, 70, 81, 84. 
Livingston advises United State to seize, 101. 

suggests independent State, 141. 
why it should be a free port, 44. 
New States, Jefferson on admission, 236. 

out of new territory inadmissible, 236. 
Noninterference in Europe, policy of United States, 19. 

H. Doc. 431 '20 



298 INDEX. 



Penal colony, Louisiana suggested for, 13, 15. 
Politics of Europe, Livingston on, 58. 
Possession, articles of exchange of, 286. 

of Louisiana by United States ordered, 265. 
Powers of United States ministers insufficient, 172. 
President's message to extra session, 251. 

on taking possession, 285. 
Price, eighty millions agreed on, 168. 

First Consul asks one hundred millions, 161. 
Jefferson discusses, 95. 

places limit on, 133. 
^larbois names eighty millions, 162, 166. 
Proclamation of Governor Claiborne, 288. 
Protection to American commerce, 12. 
Purchase not authorized by Constitution, 235. 

of whole not anticipated by Administration, 199. 
why made, 191. 

R. 

Eatification Ijy Congress, 260. 

vote on, 262. 

French government notified, 264. 
Livingston urges haste, 208, 211. 
Reticence of French Government, 35, 61. 
Rivers of Florida, navigation of, 86. 

S. 

Sale determined before Monroe's arrival, 267. 
of territory beneath dignity of France, 103. 
when determination was taken, 232, 267. 
Secrecy and duplicity of French minister, 11. 
remonstrance of Livingston, 14. 
Separate government for "Western people, 124, 141, 234, 274. 
Slave labor indispensaljle, 38, 43. 
Spain's guaranty of United States right to deposit, 34. 

Spanish Government opposes cession to United States, 233, 239, 242-243, 245. 
opposition, French minister replies, 249. 
withdrawn, 290. 



Talleyrand guarantees payment of claims, 142. 

offers Louisiana, 159. 
Talleyrand's hostility, attempt to placate, 19. 

profession of friendliness, 152. 

promise of satisfaction, 151. 
Territorial extension disavowed, 59. 
The garden episode, 160. 
Trade with Americans forbidden, 57. 

on ^Mississippi, value of, 64. 
Treaties forwarded to "Washington, 209. 



INDEX. 299 

Treaty, difficulties after signing, 210. 

of purchase, full text, 253. 

of 1778 cited, 26. 

outlined by Livingston, 90. 
by Madison, 127. 

rights of United States in Mississippi, 30. 
Trans-Mississippi territory not desired by United States, 28, 34, 52, 59. 
Troops ordered to New Orleans, 263-265. 

U. 

United States, destiny in balance, 69, 97. 

will maintain her rights, Jefferson, 95. 



Value of Louisiana, by Jefferson, 221, 274. 
by First Consul, 214. 
prevalent French ideas, 20. 
to United States, 194. 

W. 

War between France and England imminent, 146. 

cloud appears, 51. 

declared by France, 207. 

with United States, possession of Louisiana can alone avert, 97. 

with France, United States will be ready for, 88. 

will result from French occupation of Louisiana, 18. 
Western commerce affected by, 126. 
Western people, predilections of, 124. 
Western independent state, 124, 141, 234, 274. 

o 



